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THE PARTY WALL ACT - IMPLICATIONS FOR ALL PARTIES

The UK Party Wall Act of 1996 was enacted to avoid and solve disputes between
neighbors who share a standard boundary. It defines the rights of owner's of
buildings in regards to any building, alteration, renovation or repair work to
boundaries and walls between adjacent properties.

MOSTLY Used Rights

The most commonly used rights by building owner's are as follows:

Adjacent excavation and construction
Construction of new party and boundary walls
Cutting into walls to take beam bearings or even to insert damp proofing

Demolish and rebuild a common boundary
Raise the height of a wall
Raise the thickness of a wall
Underpin the party wall

Your Duties Beneath the Act

If you intend to carry out any work to common boundaries, you must give notice
to all or any adjoining home owners.
https://open-isa.org/members/jacketnut8/activity/927994/ cannot cut into your
side of the party wall without informing your neighbors of your intentions. The
act does not give any specific enforcement procedures but if you fail to serve
notice, you risk being served with a court injunction or your neighbor(s) may
seek various other legal redress.

Your neighbors cannot stop you from exercising your rights beneath the Party
Wall Act however they have a say in when and how the work is undertaken. The act
also expressly states that you might not cause unnecessary inconvenience to your
neighbors. http://budtrader.com/arcade/members/otterscrew9/activity/5492170/ in
this instance specifically refers to any additional nuisance in addition to that
which would predictably occur when the work is carried out in the correct
manner.

Owners of adjoining properties should take note that the main purpose of the
Party Wall Act would be to facilitate development and is not meant to be
considered a hindrance. In the event you fail to respond to a notice given under
the act, the developer/building owner may appoint a surveyor in your stead and
the dispute resolution process will proceed without your consent.

Appointing a Party Wall Surveyor

In the case an agreement can't be reached between adjoining property owners, the
legal requirement would be to appoint a Party Wall Surveyor. Surveyors are
legally mandated to act impartially; they ought to not favor the appointing
owner. The property owners may also appoint a surveyor each for them to come to
an agreement on their behalf. However, this is the more expensive and
time-consuming option. In the former case, the dog owner intending to undertake
work pays the surveyors fees including fees reasonably incurred by his
neighbor(s).

When choosing surveyor, one should be careful to appoint a professional with a
track record of surveys of the nature. It is because this is the highly
specialized field with serious legal implications in the event one or omission
is committed.

If you are planning some work as well as your neighbor has failed to react to
your notice or you are currently involved in a dispute, call AA Projects and
obtain help from first class Party Wall Act surveyors.

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Pub: 10 Mar 2024 00:14 UTC
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