We are able to act for owners of properties where works are planned that are controlled by the Party Wall Act 1996 including:
1. Work to existing party walls.
2. New building on the boundary line.
3. Excavations and foundations near neighbouring buildings Service of Notice
Notice of building works needs to be served on neighbours as follows:
1. Party structure Notice (existing walls) – two months prior to works.
2. New building on the boundary line – one month prior to works.
3. Excavations/foundations – one month prior to works.
This will includes the preparation of a Schedule of Condition recording the condition of the neighbouring property before work starts. This allows the surveyors to ascertain any damage caused by re-inspecting when the works are completed.
The Act provides for each owner to appoint a surveyor. The two surveyors jointly produce the Party Wall Award. If they cannot agree then the matter is referred to a third surveyor.
The owners can agree to jointly appoint a single surveyor. This is common with small non-contentious projects and the costs can be reduced.
Surveyors act independently and are not biased in favour of one owner.
Costs and Expenses
The surveyors decide who should pay costs including the cost of producing the Award. Where the works benefit one owner then he or she normally pays all costs and his neighbour pays nothing. When the works benefit both owners then costs are normally paid jointly by both owners.
Building works cannot commence unless the correct Notice procedure has been followed.
We will act as the Party Wall Surveyor for a property owner and negotiate the Party Wall Award authorising building work under the Act subject to conditions which safeguard the rights and interests of the two Adjoining Owners.
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