The Party Wall etc Act 1996
The Act came into force on 1 July 1997 and applies throughout England and Wales.
It provides a framework for notifying work and resolving disputes in relation to party walls, boundary walls and excavations near adjoining buildings.
It is based upon the tried and tested provisions of the London Building Acts, which applied in inner London for many decades before the new Act came into force.
The Act describes the process by which anyone intending to carry out works, to which it applies, must be undertaken:
Notification : All Adjoining Owners must be notified of the works proposed. Notice periods vary from one month to two months dependent upon the type of works intended.
Consent or dissent : Adjoining Owners can agree with the Building Owner’s proposals or reach agreement with the Building Owners on changes in the way the works are to be carried out, and when they are undertaken. Where there is no written consent or agreement, the Act provides for the resolution of ‘disputes’.
Resolution of disputes : The Act provides a structured approach to permit Surveyors to resolve disputes between Building Owners and Adjoining Owners. The most simple solution involves the appointment of an Agreed Surveyor who will assess the rights and interests of the parties and draw up a legal document called an Award.
Should the dispute be more complex, or the Owners not settle upon an Agreed Surveyor, the Act permits each party to appoint their own Surveyor and the two Surveyors will then draw up the Award as required, including the selection of a Third Surveyor.
ACCL as the Party Wall Surveyor
It is vitally important that any Surveyor appointed to deal with Party Wall matters understands the Act and the works to which it applies.
ACCL have two of the most experienced Party Wall Surveyors in the North of England:-
Graham Holden MCIAT MAPM
Keith Philpott MAPM RMaPS
ACCL can advise Building Owners, Architects, Consultants or Contractors, on the specific implications of the provisions of the Act. They are equally able to advise anyone who has received notice, or who has works progressing adjacent to their premises which may fall under the Act, and to ensure that their legal rights are preserved.
ACCL are skilled and able to:
- advise Clients intending to carry out works (from City Centre developments to simple house extensions) on the legal requirements of the Act;
- prepare and issue notifications;
- act as Building Owner’s Surveyor;
- act as Adjoining Owner’s Surveyor;
- perform the role of Third Surveyor.
