The Act enables a building owner to attempt work within the scope of the Act and unless an adjoining owner consents to the works, the act sets out an operation whereby the matter is referred to surveyors for determination by Award. The Party Wall Act 1996 is intended to provide a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
The Act provides a fair solution to the problems which are frequently encountered when building on or adjacent boundaries or in confined areas. The Act also covers "party structures" such as walls, floors or other partitions between parts of a building in separate ownership.
Does
Party Wall Surveys Bordesley Green affect the ownership of a celebration Wall? No, however in many cases the Act will prevent disputes arising to begin with.
The Party Wall Act provides a building owner, who wishes to carry out different styles of work to a preexisting party wall, with additional rights going beyond ordinary common law rights. The Act also provides that a building owner must not cause unnecessary inconvenience. Even though Act contains no enforcement procedures, starting work without serving a notice could mean your neighbour could seek a court injunction or other legal redress. An adjoining owner cannot stop someone from exercising their rights given to them by the Act, but might be able to influence how and at what times work is undertaken. Adjoining owners should note that the primary reason for the Act would be to facilitate development.
Beneath the Act, notice should be served and if agreement cannot be reached, surveyors may be appointed.
If agreement can't be reached between neighbouring parties, the procedure is really as follows: A Surveyor or Surveyors is/are appointed to determine a good and impartial Award, either: An 'Agreed Surveyor' (someone acceptable to all or any parties), or two surveyors representing both property owners. Both surveyors will nominate a third surveyor who would be called in only if the two surveyors cannot agree. In all cases, surveyors appointed under the dispute resolution procedure of the Act to draft an award must behave impartially and think about the interests of both neighbours.
The surveyor (or surveyors) will prepare an "award" (also referred to as a "party wall award"). This is the document which: sets out the work that will be carried out, says when and the way the work is usually to be carried out (for example, not at weekends if the buildings are domestic properties), records the health of next door prior to the work begins (in order that any damage could be properly attributed and made good), allows access for the surveyors to inspect the works while they are going on (to note that they are relative to the award). The surveyor (or surveyors) will decide who pays the fees for drawing up the award and for checking that the work has been completed in accordance with the award.
The dog owner undertaking the construction is manufactured legally in charge of putting right any damage due to carrying out the works, even though the damage is caused by his contractor. Although minor works on a celebration wall are usually regarded as too trivial ahead under the remit of the Act, the key point to be considered is whether any planned work will have consequences for the structural strength and support functions of the party wall.