What is the Party Wall etc. Act 1996?
The Party Wall etc. Act 1996 is a piece of UK legislation that provides a framework for resolving disputes between owners of adjacent or neighbouring buildings in relation to construction works that affect a party wall or structure that separates their properties.
Here is an overview of the process:
- Notification: Before starting any construction work that may affect a party wall or structure, the owner (known as the “building owner”) must serve a written notice to all affected neighbours (known as “adjoining owners”). This notice must be served at least 2 months before the work is due to start.
- Agreement: If the adjoining owners agree to the proposed works, they may sign an agreement known as a “party wall award”. This sets out the details of the works, including any necessary precautions to protect the adjoining property, and how any damage caused by the works will be remedied.
- Dispute Resolution: If the adjoining owners do not agree to the works, or cannot agree on the terms of the party wall award, the building owner must appoint a surveyor to act as an impartial intermediary. The surveyor will make a decision (known as a “party wall award”) that will be binding on both parties.
- Implementation: Once the party wall award has been made, the building owner may proceed with the works as set out in the award. The surveyor will also oversee the works to ensure that they are carried out in accordance with the award and to resolve any disputes that may arise during the course of the works.
- After the Works: Once the works have been completed, the building owner must repair any damage caused to the adjoining property and may be required to pay compensation to the adjoining owner.
Seek professional advice
It is important to note that the Party Wall etc. Act 1996 is a complex piece of legislation, and it is recommended that both building owners and adjoining owners seek professional advice to ensure that their rights and obligations are fully understood and protected. Search for reliable professionals on Expert Plans.
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