Party Wall Services Rothwell Northamptonshire
A party wall surveyor provides a specialist role in resolving disputes between neighbours under the Act. Party Wall Services Rothwell Northamptonshire have a duty to the Act rather than to the individuals appointing them and they resolve matters in dispute in a fair and practical way.
In simple terms a party wall sits astride a boundary to land belonging to two or more different owners and forms part of a building on one or both properties.
A wall which sits astride the boundary but does not form part of a building is a Party Fence Wall for the purposes of the Act.
The term Party Structure is also used in the Act. A floor structure separating flats is one example of a Party Structure.
When does the Party Wall Act apply?
The Act will apply when:
Various works are completed to an existing Party Wall or Party Structure
New buildings or structures are erected up to or sat astrideParty Wall Services Rothwell Northamptonshire the boundary line
Excavations are completed up to 6 metres of a structure on a neighbouring property which have the potential to undermine the foundations of that structure
So the Act applies to my works, what do I do now?
If the Act applies you will be obliged to serve a Party Wall Notice on your neighbour, setting out details of the works at hand and providing key information such as plans, proposed commencement dates etc. In the case of adjacent excavations you may need to provide specialist details of foundations.
You will be obliged to give your neighbours between 1 and 2 months notice of commencement of work depending on which section of the Act applies.
What happens if my neighbour objects to my Party Wall Notice?
The Act gives you the right to complete various types of work on or around the boundary line so provided your works are covered by the Act your neighbour’s objection cannot stop you going ahead but will mean that you are obliged to follow the Dispute procedure set out under Section 10 of the Act Party Wall Services Rothwell Northamptonshire.
This requires you to appoint a Party Wall Surveyor to act on your behalf. Your neighbour has the right to appoint their own surveyor or they may agree in the appointment of a single ‘Agreed’ surveyor. Where two surveyors are appointed they will agree on the appointment of a third surveyor to adjudicate/referee where the two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out the rights and obligations of both parties and includes a Schedule of Condition of the neighbouring property to record its condition before works start. Party Wall Services Rothwell Northamptonshire
What is a Party Wall Agreement/Award?
This is a written document prepared by the surveyor detailing the rights and obligations of the owners. The contents are agreed by the survey and upon completion the Agreement is served on the owners Party Wall Services Rothwell Northamptonshire.
This is a legally binding document which can be enforced by the County Court where necessary.