Ultraframe Survey Guide v9 - Connaught Conservatories
Ultraframe Survey Guide v9 - Connaught Conservatories
Ultraframe Survey Guide v9 - Connaught Conservatories
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S E C T I O N 8<br />
PARTYWALL ACT 1996<br />
The Party Wall Act 1996 has effect from 1st July 1997 throughout<br />
England & Wales. If you intend to carry out building work which<br />
involves:<br />
A) Work on an existing wall shared with a neighbouring<br />
property<br />
B) Building on the boundary with a neighbouring property<br />
C) Excavating near a neighbouring building<br />
Definitions: A wall is a Party Wall if:<br />
A) It stands astride the boundary of land belonging to two (or<br />
more) different owners.<br />
B) It belongs totally to one owner, but is used by two (or more)<br />
owners to separate their buildings. Where one person has<br />
built the wall in the first place, and another has butted their<br />
building up against it without constructing their own wall,<br />
only the part of the wall that does the separating is “Party”.<br />
NOTICES<br />
A building owner intending to carry out work covered by the Act<br />
must give notice in writing of the intended works to all the<br />
relevant adjoining owners.<br />
DISPUTE PROCEDURES<br />
The Act envisages that in most cases, there will be agreement<br />
about the proposed works between the relevant owners. This<br />
agreement must be in writing. A surveyor may be called upon to<br />
draw up an “Award”. If they do not agree upon one surveyor,<br />
they must each make an appointment. The two surveyors thus<br />
appointed select a third surveyor. <strong>Survey</strong>ors appointed under the<br />
dispute procedures must act impartially, taking into account the<br />
interests of both owners.<br />
29<br />
© ULTRAFRAME 2000