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Party Wall Act 1996 - Advice & Forms:
It's a sorry state of affairs when a humble wall is used to score points over the neighbours, but it seems that such pettiness is becoming increasingly common, according to a recent poll.
The Party Wall Act 1996 was introduced in 1997 with the intention of resolving complex building issues between neighbouring houses - but the act seems to have increased rather than helped resolve disputes.
A poll carried out by Brewster Associates, a leading firm of structural engineers, found that six out of ten surveyors believed that the number of neighbours at odds over a Party wall has risen by as much as 60 per cent since the introduction of the Act.
Two out of ten surveyors thought the rise in altercations was nearer the 30 per cent mark while the remaining 20 per cent was undecided as to the extent of the increase.
When asked if they thought the party wall act 1996 had helped or hindered the process of building minor extensions or putting up a wall, 50 per cent of surveyors thought it had made the process worse, compared to only 20 per cent who believed it helped. The remainder was unsure.
To download the Party Wall Act 1996 pack Click Here
Party Wall Act 1996 - The Rules
So what exactly is The Party Wall Act 1996 The Act stipulates that homeowners planning any building work must first inform their immediate neighbour, and, such is human nature, neighbours who enjoy a good relationship generally give the go-ahead for work to be done.
The problems generally occur when there has already been an incident between neighbours, and those with the power to grant permission for the work refuse to do so.
By using the Party Wall Act 1996 these people can seriously delay planned work, which can result in thousands of pounds of unnecessary costs for the person whose only wish was the construction of a simple wall or extension.
In extreme cases, it can take the involvement of three surveyors to resolve the issues - a surveyor for each party and then a third surveyor to act as an honest broker - with all the costs being picked up by the homeowner desiring the work to be done.
Ridiculous Situation
David Brewster, senior partner at Brewster Associates, said: "The party walls act was supposed to predominantly help resolve the more complex building issues but has ended up penalising the homeowner who wants to build a simple single storey extension.
"It is ridiculous that if neighbours don't act reasonably it can take three separate surveyors before any agreement can be reached. It makes the whole process extremely emotive and causes a lot of heartache and anger.
"The Act is fine for larger projects but for smaller minor works there needs to be a far simpler formula."
All the forms including party wall notice and information on how to serve a party wall notice to neighbours is available at Mitehart Downloads.
To download the Party Wall Act 1996 pack Click Here
Party Wall Act 1996 - FAQ’S
Q1. What is it all about?
The Act sets out a framework of rights and obligations for owners of buildings dealing with construction, excavations and alterations on or close to a boundary.
A wall which stands on a boundary between two or more ownership's. The party walls act also covers "party structures" which include walls, floors or other partitions between parts of a building in separate ownership.
Q3. What is a Party Fence Wall?
A garden or boundary wall separating land (but not buildings) in separate ownership's. Party Fence Walls are also covered by the Act.
Q4. What are my duties under the Act?
You must inform all adjoining owners of your intentions. There is a formal procedure for Notices and the appointment of surveyors.
Q5. How long in advance do I have to serve Notice?
At least two months before the planned start date.
Q6. What does the Party Wall surveyor do?
The surveyors will prepare an "Award" which records the condition of the neighbouring property before the work begins, deals with arrangements for access, sets out the work to be carried out and the way in which it should be carried out.
Q7. Who pays the surveyor's fees?
The owner who first planned the work will usually be responsible for costs associated with the Award but the surveyor may decide that they should be apportioned where there are benefits to other parties.
Q8. Who pays for the building work?
This is settled by agreement. If there is a dispute, it will be covered by the Award.
It must be provided, under The party walls act, for Party Wall works.
Q10. Can I build astride the boundary line?
Only by agreement.
Q11. What is the party walls act notice period for boundary fence walls?
At least one month's Notice is required.
Q12. What about excavations near to neighbouring buildings?
The Act will apply in certain circumstances to excavations, foundations and underground construction within 6 metres of a neighbouring building.
Q13. Does the Act affect the ownership of a Party Wall?
No.
Q14. Can the Act be used to resolve a boundary dispute?
No, but in many cases the Act will prevent disputes arising in the first place.
To download the Party Wall Act 1996 pack Click Here
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