Party wall problems? Here are some advices: Party walls usually separate buildings belonging to different owners but could include garden walls built astride a boundary – known as party fence walls. Where a wall separates two different size buildings often only the part that is used by both properties is a party wall, the rest belongs to the person or persons on whose land it stands. The “etc” within The Party Wall etc Act 1996 is so included because the provisions of the Act are not limited to party walls, they also include party structures and party fence walls. Section 20 of the Act defines each: “party fence wall” means a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner the artificially formed support of which projects into the land of another owner; “party structure” means a party wall and also a floor partition or other structure separating buildings or parts of buildings approached solely by separate staircases or separate entrances;
Some works are considered too minor to require the process of notification. Anderton Gables can advise you on which notices are required, which properties need to be notified, and can serve the notices on your behalf. Your neighbour or ‘Adjoining Owner’ can either agree to the works as proposed in the notice, or disagree. If they decide to disagree, or do not respond Party Wall Surveyor(s) will become involved and draw up a Party Wall Award which states how the work should be done and the responsibilities of the various parties involved. The adjoining owner can insist on appointing their own surveyor in addition to your surveyor; however, all party wall surveyors must act impartially, in the interest of protecting all stakeholders and enabling the works to be undertaken. Unfortunately the cost of all party wall surveyors fees usually will be payable by the building owner proposing the work.
If your neighbour consents then that is the end of the matter as far as The Party Wall Act is concerned although to protect yourself you may wish to arrange for a schedule to be taken on their property to identify its existing condition. This will ensure that any existing defects are recorded and not wrongly attributed to your work later. If your neighbour chooses not to consent in writing then the next decision to be made is whether 1 or 2 surveyors are appointed. The Act allows for an ‘Agreed Surveyor’ and you are free to put forward the name of your surveyor for their your neighbours consideration although you should not put any pressure on them to concur in his appointment.
Ok so I should never serve notices myself? Actually that is not what we are saying we are just saying weigh up what it could potentially cost you if you get it wrong and if you don’t really understand what your doing its probably cheaper and easier to get a Party Wall Surveyor to do it for you. We have provided DIY templates in the notices section at the top of the website for you to easily fill out if you know what you are doing these are based of Facility of Party Wall Surveyors documents and include our details for easy appointments should you need a party wall surveyor. Should you need an expert Party Wall Surveyor Kent or generally on party wall matters please don’t hesitate to contact us on 01843 808184 or email us at info@home-heroes.co.uk or use our contact form on the website. See extra details at https://www.partywall.pro/.