The Party Wall etc. Statute became fully operational on July 1, 1997, and its 20th anniversary is being celebrated today. The act addresses a variety of party-related issues. It applies to the entirety of England and Wales and offers a framework for preventing or resolving disputes pertaining to party walls, party constructions, boundary barriers, and excavations near neighbouring buildings. It is applicable across England and Wales. It is essential to keep in mind that conflicts concerning boundary walls are exempt from the application of this rule.
Any person who has the intention of carrying out work of the types described in the Act is required to provide notice of their intentions to the owners of any adjoining properties, regardless of where they are located in England and Wales. This notice must be provided in writing.
Party Wall Surveyor Huddersfield
Is it feasible that, after a period of twenty years, we are at last getting the party wall works correct?
It is often helpful in understanding the principles of the Act if companies think about themselves as joint owners of the entirety of a party wall instead of the single owner of half or part of it. This is because joint ownership of a party wall entails more responsibilities for maintenance and repair than sole ownership does. This is due to the fact that shared ownership of a party wall comes with a greater number of responsibilities and liabilities than does unilateral ownership of the wall. It is possible that some works, including but not limited to:
- the process of drilling holes into a party wall in order to fasten plugs and screws for conventional wall units or shelving
- removing a piece of drywall from a party wall in order to install or repair electrical wiring and plugs that are concealed within the wall
- removing the existing plaster and replacing it with fresh plaster.
On the other hand, the Act affords protection to each and every one of the following works in accordance with sections 2 and 6:
- Work to be done on a wall that is shared.
- Putting up a barrier against moisture and mould growth
- An underpinning that extends throughout the entirety of the thickness of a party wall (e.g. to prevent settlement)
- removing a section of a party wall in order to make room for a beam that needs to support its weight (e.g. for a loft conversion)
- The procedure that must be followed in order to bring the height of a party wall up to code (e.g. adding another storey)
- reducing the height of a party wall while also increasing its length (e.g. to form a basement)
- taking down a party wall and then rebuilding it from scratch (e.g. if it is structurally defective)
- An underpinning that extends throughout the entirety of the thickness of a party wall (e.g. to form a basement)
- eliminating protrusions from a party wall (or from the border or exterior wall of an adjoining owner), and if necessary, building a new wall in close proximity to the existing one (e.g. removing a chimney breast)
- Building a new construction that either abuts the old one or spans it over the boundary line is considered “abutting.”
- It is against the law to excavate, or excavate for and build foundations for a new building structure, within 3 meters of any section of a building or structure that belongs to a neighbouring owner, if any component of such an operation will reach deeper than the foundations of the neighbor’s building or structure. This applies whether the excavation is being done for a new building or structure or for the foundations of an existing building or structure.
- Excavating or excavating for and constructing foundation for the establishment building or structure within 6 m of any part of a neighbourhood owner’s building or structure, where any portion of that work will satisfy a line drawn downwards at 45 degrees in the direction of the excavation from the bottom of the neighbor’s foundations. Excavating or excavating for and constructing foundations for a new building or structure within 6 m of any part of a neighbouring landlord’s building frame. Excavating or excavating for and constructing foundations for a new building or structure that is within six metres of any component of an existing building or structure that is owned by a neighbouring owner.
Schedule for the erection of party walls
At a minimum of one month before the scheduled start date for work on an existing party wall, a notice of intended works should be provided to neighbouring owners. At a minimum of two months before the planned start date for construction on a new party wall, a notice of intended works should be issued.
Even in the event that an agreement on the works has been reached, the owner of the property that is immediately next to the one on which work is being done is not necessary to grant permission for the work to begin earlier. On the other hand, they could decide to do it.
Be aware that the notice may only be utilised for one year, so make sure that you do not serve it an excessive amount of time in advance of when you actually want to begin.
It is possible for the property owners of neighbouring properties to either agree with the recommendations made by the owner of the building or to negotiate with the owner of the building a change to the way in which the repairs are going to be carried out. Concerns concerning the structure’s safety or integrity, working hours, access rights, and the repair or replacement of surfaces and finishes are examples of things that might fall under this category. Party Wall Agreement Huddersfield
Disagreements about party barriers
In the case that there is a divergence of opinion about…
- a fresh line of demarcation for the party
- A barrier between the two parties
- if the next property owner does not offer their written agreement within a period of fourteen days after being notified about an existing building or an excavation
…the Act provides provisions for the matter to be settled by a surveyor or surveyors through a process that is intended to settle differences between parties….the Act makes provisions for the issue to be settled by a procedure that is meant to settle disagreements between parties. It is nearly always best to get everything done well in advance of beginning work because there is the possibility for both cash and time expenditures.
In the majority of instances, this will need having a chat with the neighbours in order to ensure that they are informed of the work that will be done, to reassure them regarding anything that may cause them concern, and to come to an agreement regarding a method of performing the job.