The Party Wall Act
The Party Wall Act makes provision in respect of party walls and excavation and construction in proximity to certain buildings or structures. The 1996 Amendment to the Act was introduced to govern disputes between property owners that share a party wall. The Act enables a building owner to undertake work within the scope of the Act and unless an adjoining owner consents to the works, the act sets out a procedure whereby the matter is referred to party wall 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 that are frequently encountered when building on or adjacent boundaries or in confined areas. The Act also covers “party structures” which include walls, floors or other partitions between parts of a building in separate ownership.
Does the Act affect the ownership of a Party Wall? No, but in many cases the Act will prevent disputes arising in the first place.
The Party Wall Act provides a building owner, who wishes to carry out various sorts of work to an existing party wall, with additional rights going beyond ordinary common law rights. The Act also provides that a building owner must not cause unnecessary inconvenience. Although the Act contains no enforcement procedures, starting work without serving a notice could mean yourneighbour 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 may be able to influence how and at what times work is undertaken. Adjoining owners should note that the primary purpose of the Act is to facilitate development.
Under the Act, notice must be served and if agreement cannot be reached, party wall surveyors may be appointed.
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