THE PRIMARY WORKS THAT INVOKE THE PARTY WALL etc. ACT 1996
Here are some examples of the Notifiable works that are set out in the Act:
The construction of a new wall either at or astride the line of junction (legal boundary between two owners).
Cutting into a shared wall to take the bearing of a beam (for example for a loft conversion).
Cutting away a chimney breast or other projection from a shared wall.
Excavating foundations within three metres of a neighbour's structure and lower than it's foundations.
Inserting a damp proof course, even if only to your own side of the Party Wall.
Raising a Party Wall and, if necessary, cutting off any objects preventing this from happening.
Demolishing and rebuilding a Party Wall.
Underpinning a Party Wall or part of a Party Wall.
Weathering the junction of adjoining walls or buildings by cutting a flashing into an adjoining building.
If Notifiable works are proposed what options do Adjoining Owner(s) (neighbours) have?
Once the appropriate Notice(s) are served, Adjoining Owner(s) have four options to choose from:
1) Consent to the works (no further action required).
2) Consent with a Schedule of Condition Survey.
3) Dissent to the works and appoint an Agreed Surveyor to prepare the Party Wall Award.
4) Dissent to the works and appoint their own Surveyor. Now the two Surveyors prepare the Party Wall Award.
What should Building Owner(s) keep in mind regarding their Notifiable works?
Building Owner(s) proposing to carry out notifiable works have legal requirements imposed upon them, under The Party Wall etc. Act 1996.
Timing, notifiable works require a one or two month notice period of your intention.
Failure to comply with this legislation may result in the works being unlawful and your neighbours could apply to the court to have an injunction served in order that you will stop work.
Discussions with your neighbours about your proposed works can save time, money and stress.
If you would like some free advice with no obligations, then please contact us now.