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Understanding the party wall Act: what you need to know

When it comes to renovating or building properties in England and Wales, it is important to understand the implications of the Party Wall Act. This legislation, which was introduced in 1996, aims to prevent and resolve disputes between property owners in relation to party walls, boundary walls, and excavations near neighboring buildings.

Party walls are walls that separate buildings owned by different owners, as well as walls that stand on one owner’s land but are used by two or more owners to separate their properties. The Party Wall Act is designed to ensure that construction work on or near these walls does not compromise their structural integrity or cause unnecessary inconvenience to neighboring property owners.

One of the key aspects of the Party Wall Act is that property owners planning construction work must serve notice on their neighbors affected by the work. This notice must be served at least two months before the planned start date of the work, and it should include details of the proposed work, the intended start date, and information about the Party Wall Act.

It is important to note that property owners must obtain the consent of their neighbors to carry out the work, and if the neighbors do not respond to the notice, they are deemed to have dissented. In this case, a dispute arises and Party Wall Surveying services may be required to resolve the issue.

Party wall surveying involves the appointment of a surveyor to act on behalf of both the property owner carrying out the work and the neighboring property owner. The surveyor’s role is to assess the proposed work and determine whether it is likely to cause damage to the party wall or neighboring property. They will also prepare a party wall agreement, which sets out the rights and responsibilities of all parties involved in the construction work.

In cases where a dispute arises between property owners, the appointed surveyor will act as a neutral third party to resolve the issue. They will consider the evidence presented by both parties and make a legally binding award that sets out how the work will proceed and how any damage or inconvenience caused by the work will be rectified.

It is important for property owners to seek professional advice and engage party wall surveying services before carrying out any construction work that may affect a party wall or neighboring property. By understanding the Party Wall Act and following the correct procedures, property owners can ensure that their construction projects proceed smoothly and without causing unnecessary disputes with their neighbors.

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Duchy Party Wall Surveying | Party Wall and Boundary Disputes Cornwall
https://www.duchypws.co.uk/

07940 484574
United Kingdom
Duchy Party Wall Surveying | Party Wall and Boundary Disputes Cornwall
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