There are three main types of works covered under the Party Wall etc. Act 1996. These are as follows; the construction of new walls next to or on the boundary, alterations to party structures be it walls, floors or roofs and excavation close to neighbouring properties.
Below are listed some typical examples of works covered by the Act:
Removing chimney breasts that are attached to a party wall (even if you are not removing the full breast)
Cutting into a party wall to insert as beam as part of an alteration or loft conversion
Excavating for the foundations to a new extension within 3 meters of a neighbouring or shared structure
As a building owner you are required to serve a notice on the adjoining owner(s) to establish whether they consent or dissent when proposed works fall within the realm of the Party Wall etc. Act 1996. If the Adjoining owner does not consent to the works then they are deemed to be ‘in dispute’ under the Party Wall Act and a Party Wall surveyor must be appointed to resolve said dispute by coming to agreement under the Party Wall Act and forming a Party Wall Award.
Should it be the case, that the two appointed surveyors cannot come to an agreement and form an award, then they will have to go to the previously selected Third Surveyor to resolve the dispute and form the Award to allow the works to proceed.
At JVF London Limited we have a broad range of experience in dealing with the Party Wall etc. Act 1996 and will ensure that the whole process runs smoothly for you. If you have any questions regarding work that you are planning work that falls within the Party Wall Act or have you have received a notice of proposed works that may affect your property, please do not hesitate to contact us either by phone or email for advice.