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PARTY WALL & BOUNDARY DISPUTES

KEYS Consulting / Party Wall & Boundary Disputes

The Party Wall Act 1996 details provisions to resolve disputes associated with party walls, party structures, boundary walls and excavations near neighbouring buildings and came into force on 1 July 1997 throughout England and Wales.

A wall is a “party wall” if it stands astride the boundary of land belonging to two (or more) different owners. If works are proposed of the kinds detailed in the Act, the Building Owner must give all Adjoining Owners notice of their intentions and even where the work will not extend beyond the centre line of a party wall.

The objective of the Act is to allow construction works in the vicinity of boundaries. This in part is achieved by providing a framework that ensures neighbouring owners are notified of impending construction works. Furthermore, the Act entitles the Building Owner to interfere with the land and structures belonging to neighbouring owners. Lastly, the Act gives statutory authority to carry out works/acts that would otherwise constitute trespass or nuisance, provided that the framework under the Act is adhered to.

ADJACENT EXCAVATION

Adjoining Owners can agree with the Building Owner’s proposals or reach an agreement with the Building Owner on changes in the way the works are to be carried out, in their timing and manner. This would be applicable in the following scenarios;

    • where a dispute arises in relation to a new party wall or party fence wall under Section 1
    • where there is no written consent by the Adjoining Owner within 14 days to a notice served associated with an existing structure under Section 2 or
    • excavation under Section 6

The Act provides for the matter to be resolved by a surveyor or surveyors in a procedure for the resolution of disputes.

Our Party Wall Service includes:

  • Assessing the application of the Party Wall Act on a proposed development.
  • Conducting surveyor duties for the Building Owner, Adjoining Owner or act as an agreed surveyor.
  • Serving notices as required by the Act and responding as necessary.
  • Carrying out detailed, meticulous schedules of conditions of the Adjoining Owner’s property.
  • Arranging other consultants to provide technical information such as structural designs, temporary works method statements, chimney flue surveys, drainage CCTV etc.
  • Negotiating and agreeing the Award in a professional manner and timely fashion
  • Performing a final inspection and recording if any damage has been found

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