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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

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