Building Owners FAQS
Once one of PWM uk surveyors are appointed they will either serve or respond
to a Notice served under the provisions of the Act in a proficient manner.
What is the Party Wall etc. Act 1996?
The implementation of the Party Wall etc Act 1996, which is particularly
relevant in built-up areas, meant that rules that before only applied
to London also now apply to all of England and Wales. The Act came into
force on 1 July 1997. It is largely based on Part VI of the London Building
Acts (Amendment) Act 1939. The Act is a complex tool that requires a thorough
knowledge that can only be gained through actual experience of preparing
notices and agreeing Awards.
Where does the Act apply?
If you intend on undertaking works to the Party Wall or excavating
or building within the locality of a Party Wall you are lawfully obligated
to serve legal notice on the Adjoining Owners to obtain their agreement
to your proposals or otherwise.
Works which commonly affect the Party Wall are: Extensions, Internal or external structural alterations and Damp proofing. Further excavation work deeper than your neighbour’s foundations (including detached properties) will also constitute a Party Wall matter if within 3 meters (See Fig 1)
or in some cases 6 metres of the Party Wall (See Fig 2). However the Party Wall etc. Act 1996 doesn't cover minor jobs including drilling small holes for fixings, inserting recessed electrical wiring or sockets and re-plastering.
What if I wish to carry out Party Wall works?
You should give written notice to your neighbour (Adjoining Owner). Normally
a full two months prior to starting work or one month in the case of excavation
work. It is advisable to speak to your neighbour(s) about what you are
planning before serving notice under ("the Act").
Appointment of Party Wall Surveyor(s) and the drawing up of the Party
Wall Award
The Party Wall Act allows both owners to appoint their own Surveyor. The
Building Owner’s Surveyor will draw up a document called an 'Award'
which will be sent in draft to the Adjoining Owner’s Surveyor.
Party Wall Appointment Forms?
For a party wall appointment form to be valid, it must be signed by a
valid Building Owner, or by a person with authority to sign on their behalf
(See, for example, The Party Wall etc. Act 1996)
What Key information should a Party Wall Notice contain?
In no particular order; Your own name and address, all owners must be
named. The address of the proposed works. A description of what you propose
to do (usually plans of the proposed works are included for addition visual
information) A start date in accordance with the guidelines as set out
in the Party Wall etc. Act 1996. The notice must be dated and should include
a clear declaration that it is a notice under the requirements of the
said Act. The above is not meant to be extensive in any way, but is just
a brief guide, if you require more in depth information please contact
us or study the Party Wall etc. Act 1996.
What is an Award?
An Award is the record of the agreement reached by the Surveyors or the
Agreed Surveyor. It will include details of the work to be carried out,
when and how it will be carried out and also usually contain a record
of the condition of the Adjoining Owners property before work begins.
Once the content's of the Award is agreed by the appointed Surveyors or
Agreed Surveyor it is published and the Party Wall works can commence.
Who pays?
Normally, the Building Owner who started the work pays for all expenses
including the Building and Adjoining Owners Surveyor’s fees. However
there are some exceptions to this for example situations where there is
a joint responsibility for maintenance or a legal responsibility for the
Party Wall largely owing to the lack of maintenance.
Agreeing Fees?
The Adjoining Owners Surveyor's fees are agreed by the two appointed Surveyors.
To this degree surveyors have a great responsibility to ensure that their
fees are reasonable. Fees are usually based on time spent and worked out
on an hourly basis. I would normally obtain a letter or email from the
Building Owners Surveyor confirming that He is happy with my fee. The
two Surveyors also appoint a Third Surveyor who will Act as an mediator
if there is a dispute between parties to the works.
Failure to pay fees?
The Party Wall etc. Act 1996 states in Section 17 that, 'Any sum payable
in pursuance of this Act (otherwise than by way of fine) shall be recoverable
summarily as a civil debt.
Does obtaining planning permission and or building regulations do
away with my obligations under the Party Wall etc. Act 1996?
Obtaining planning permission and or building regulations consent does
not do away with your responsibilities under the Party Wall etc. Act 1996.
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