​Since the Party Wall etc Act 1996 came into force, property owners in England and Wales have had a procedure to follow when building work involves a party wall or party fence wall, some excavations close to neighbouring buildings, and new walls at boundaries.

The act is designed to minimise disputes by making sure property owners use a surveyor to determine the time and way in which work is carried out.



What is covered by the act?



There are some things that you can only do to a party wall with the written agreement of the adjoining owner including:



• Raising the whole party wall and, if necessary, cutting off any objects stopping this from happening

• Demolishing and rebuilding the party wall

• Underpinning the whole or part of a wall

• Protecting adjoining walls by cutting a flashing into an adjoining building

• Building a new wall on the line of junction between two properties

• Excavating foundations within three metres of an adjoining structure and lower than its foundations

• Excavating foundations within six metres of an adjoining structure and below a line drawn down at 45 degrees from the bottom of its foundations

 

Where an adjoining owner’s agreement to the works cannot be obtained the act provides a solution by requiring each owner to appoint a surveyor.



The surveyor(s) will act impartially in agreeing the time and manner in which the works can be carried out. A party wall award will be drawn up to regulate the work and record the condition of the adjoining owner’s property providing a basis for agreeing compensation in the event that the works cause damage.



Whilst anyone can act as a party wall surveyor, it makes good sense to use a qualified building professional with experience and knowledge of party walls. Atlas employs specialists within this field and are therefore well positioned to act in this matter.