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The Party Wall etc. Act 1996
The Party Wall Act covers three distinct types of work:
If consent is not given the parties are deemed to be ‘in dispute’ under the Act. In such a case, Party Wall Surveyors must be appointed so that the dispute can be resolved by way of a Party Wall Award (a formal agreement).
Adjoining Owner/s
Many Adjoining Owners only become aware of their neighbour’s plans to extend when they receive a Party Wall Notice. The Adjoining Owner has the option to either CONSENT or DISSENT to a Notice.
If there is no response within 14 days the parties are deemed to be in dispute under the Act.
Where a dispute arises each Owner (or interested party) must appoint a Surveyor so that a Party Wall Award can be agreed. They can also appoint just one ‘Agreed Surveyor’. This can save time, money and reduce disputes.
The fees incurred are normally the responsibility of the party undertaking the building work - the Building Owner. Surveyors can include, in an Award, that their reasonable fees must be paid by the Owner undertaking the works.
Building Owner
An Owner planning to undertake works that fall within the scope of the Act should start planning early.
Notice periods are either 1 or 2 months depending upon the type of work. Ask your Surveyor for details specific to your proposed work.
It is sensible for the Building Owner to speak to their neighbours before serving the formal Notice. Keeping the neighbours well informed and ‘on side’ can save extra fees incurred. For example where the Adjoining Owner/s wish to appoint their own surveyor/s. The final bill can be double and even triple in such cases.
Coburns Party Wall Surveyors are happy to check over your plans (no charge or obligation) to confirm whether the works come within the scope of the Act and if necessary draft the required Notice(s).
We charge a fixed fee of £50 to issue such a Notice.
The Act allows for one Surveyor to be appointed by each of the Owners (or interested parties) or for them to appoint a single ‘Agreed Surveyor’. This Surveyor must act impartially to resolve matters affecting all Owners.
Having a Surveyor draft the Notice at an early stage, a Building Owner can increase the chances of having that Surveyor adopted as the ‘Agreed Surveyor’ which can significantly impact on your final bill (for the better).
For more detailed information click below:
- Alterations to a shared (party) wall
- The construction of new walls on the boundary
- Excavation work close to neighbouring properties
If consent is not given the parties are deemed to be ‘in dispute’ under the Act. In such a case, Party Wall Surveyors must be appointed so that the dispute can be resolved by way of a Party Wall Award (a formal agreement).
Adjoining Owner/s
Many Adjoining Owners only become aware of their neighbour’s plans to extend when they receive a Party Wall Notice. The Adjoining Owner has the option to either CONSENT or DISSENT to a Notice.
If there is no response within 14 days the parties are deemed to be in dispute under the Act.
Where a dispute arises each Owner (or interested party) must appoint a Surveyor so that a Party Wall Award can be agreed. They can also appoint just one ‘Agreed Surveyor’. This can save time, money and reduce disputes.
The fees incurred are normally the responsibility of the party undertaking the building work - the Building Owner. Surveyors can include, in an Award, that their reasonable fees must be paid by the Owner undertaking the works.
Building Owner
An Owner planning to undertake works that fall within the scope of the Act should start planning early.
Notice periods are either 1 or 2 months depending upon the type of work. Ask your Surveyor for details specific to your proposed work.
It is sensible for the Building Owner to speak to their neighbours before serving the formal Notice. Keeping the neighbours well informed and ‘on side’ can save extra fees incurred. For example where the Adjoining Owner/s wish to appoint their own surveyor/s. The final bill can be double and even triple in such cases.
Coburns Party Wall Surveyors are happy to check over your plans (no charge or obligation) to confirm whether the works come within the scope of the Act and if necessary draft the required Notice(s).
We charge a fixed fee of £50 to issue such a Notice.
The Act allows for one Surveyor to be appointed by each of the Owners (or interested parties) or for them to appoint a single ‘Agreed Surveyor’. This Surveyor must act impartially to resolve matters affecting all Owners.
Having a Surveyor draft the Notice at an early stage, a Building Owner can increase the chances of having that Surveyor adopted as the ‘Agreed Surveyor’ which can significantly impact on your final bill (for the better).
For more detailed information click below:
