A party wall refers to a wall that is shared between two properties, each with a different owner. For example, a wall that separates a semi-detached house or a floor that divides two properties can be classified as a party wall. In some cases, even freestanding structures like garden walls can be considered party walls if they serve this purpose.
To avoid disputes between property owners and protect everyone involved, the Party Wall Act was introduced. This legislation aims to minimise boundary conflicts while safeguarding both neighbours and building owners.
What Does the Party Wall Act Cover?
Both residential and commercial property owners must adhere to specific procedures when planning to carry out work on or near a party wall. This could include altering the wall itself or excavating in close proximity—usually within 3 to 6 metres of the shared wall.
Additionally, if you intend to build on a boundary that hasn’t been developed before, you must follow the legal requirements set out by the Party Wall Act.
Key Steps to Take
If you plan to undertake any construction work near a party wall, it’s crucial to notify your neighbour at least one month before the work begins. The process typically involves serving a formal notice to the adjoining property owner, giving them the opportunity to raise any concerns.
Your neighbour has 14 days to respond to the notice. If any disagreements arise, both parties will need to appoint their own surveyors. These professionals will act as neutral parties to resolve the issues and draw up a legally binding agreement.
Resolving Disputes and Maintaining Good Relations
The Party Wall Act is designed to ensure that any disputes are addressed before the work starts. By proactively resolving any issues with your neighbours, you can avoid delays or potential legal problems later on. If disputes remain unresolved, your neighbour may have the right to stop the construction process.
As the person initiating the work, you’ll also have the option to stipulate how the work will be carried out. This allows you to reduce the disruption caused to your neighbours. Often, the person conducting the work is responsible for covering the cost of the surveyors and repairing any damage to the party wall caused during construction.
Professional Support Can Help Prevent Delays
Wee specialise in handling party wall matters with vast experience and efficiency. By collaborating with your design team from the very beginning of your project, we can ensure minimal disruption to your neighbours and ensure your development stays on track. Whether you are the one doing the work or your property is being affected, we’re here to guide you through the process and provide the support you need.
Conclusion
Understanding and complying with the Party Wall Act is crucial for any construction project involving shared walls or boundaries. By following the correct procedures and maintaining good communication with your neighbours, you can avoid unnecessary delays and disputes, ensuring a smooth and successful project.