Party Wall matters
A Balancing "Act"
The Party Wall etc Act 1996 applies to the whole of England & Wales. It confers rights and duties on a developer carrying out certain works that affect adjoining property. The Act allows developers to proceed expeditiously, but they must first notify adjoining owners.
In the event of there being any disagreement, the Act provides a mechanism of dispute resolution through appointment of surveyors.
It also imposes a statutory duty on developers to avoid unnecessary inconvenience and compensate for any loss or damage.
To Developers and Designers:
- Advising on the rights imposed and obligations conveyed by the Act.
- Identifying which elements of the proposed works fall within the remit of the Act and which do not.
- Identifying ownership interests in adjoining properties.
- Preparing and serving Notices and chasing up responses.
- Preparing and agreeing schedules of condition and Party Wall awards.
- Resolving any issues of damage or compensation.
To Adjoining Owners:
- Advising on validity of Notices received.
- Considering details of works proposed to ensure that proposals are appropriate and will avoid causing unnecessary
- Checking and agreeing schedules of condition.
- Negotiating the terms of party wall awards.
- Ensuring that the building owner fulfils his statutory obligations.
At Bowcliffe we regularly act for building owners and adjoining owners all around the UK and our clients include property companies, financial institutions, housing associations, owner-occupiers and private individuals. With our expert knowledge, we can advise how to make best use of the legislation.