The UK Party Wall Act of 1996 was enacted to avoid and solve disputes between neighbors who share a standard boundary. It defines the rights of owner's of buildings as regards any building, alteration, renovation or repair work to boundaries and walls between adjacent properties.
Most Commonly Used Rights
The most commonly used rights by building owner's are as follows:
Adjacent excavation and construction
Construction of new party and boundary walls
Cutting into walls to take beam bearings or even to insert damp proofing
Demolish and rebuild a standard boundary
Raise the height of a wall
Increase the thickness of a wall
Underpin the party wall
Your Duties Beneath the Act
If you intend to perform any work to common boundaries, you must give notice to all or any adjoining home owners. You cannot cut into your side of the party wall without informing your neighbors of one's intentions. The act will not provide for any specific enforcement procedures but if you fail to serve notice, you risk being served with a court injunction or your neighbor(s) may seek some other legal redress.
Your neighbors cannot stop you from exercising your rights under the Party Wall Act however they have a say in when and the way the work is undertaken. Party Wall Surveys Wednesfield states that you might not cause unnecessary inconvenience to your neighbors. Inconvenience in this instance specifically refers to any extra nuisance in addition to whatever would predictably occur once the work is carried out in the correct manner.
Owners of adjoining properties should take note that the main purpose of the Party Wall Act is to facilitate development and isn't meant to be a hindrance. In case you fail to respond to a notice given beneath the act, the developer/building owner may appoint a surveyor on your behalf and the dispute resolution process will proceed without your consent.
Appointing a celebration Wall Surveyor
In the event an agreement can't be reached between adjoining property owners, the legal requirement is to appoint a Party Wall Surveyor. Surveyors are legally mandated to do something impartially; they should not favor the appointing owner. The house owners may also appoint a surveyor each to allow them to come to an agreement with the person. However, this is usually a more costly and time-consuming option. In the former case, the dog owner going to undertake work pays the surveyors fees including fees reasonably incurred by his neighbor(s).
When choosing surveyor, one should be careful to appoint a professional with a track record of surveys of the nature. It is because it is a highly specialized field with serious legal implications in the event an error or omission is committed.
If you're planning some work as well as your neighbor has failed to react to your notice or you're currently involved with a dispute, call AA Projects and obtain help from top notch Party Wall Act surveyors.