RSL Surveyors June 2011
RSL Surveyors June 2011
The Party Wall etc. Act 1996 was introduced to protect property owners and their neighbours when work is undertaken to shared or adjoining walls. It sets out the procedure that should be followed when planning major work to a party wall. A party wall is a structure within a property, it can also be a boundary wall. It applies to both residential and commercial properties.
This Act exists to protect not just the building owner but also their neighbours. It requires a report of the condition of the structure on the adjoining owner’s side of the property prior to works commencing. This report can be referred to at a later date if there are problems with the wall and gives protection to the adjoining owner should the works cause damage or disruption. Furthermore, the Act will protect the building owner undertaking the works should false claims be made about damage sustained during the works programme. Whilst all the costs are met by the owners undertaking the works, it is essential that a Surveyor is engaged who will mediate and ensure the terms of the Act are strictly followed.
This is not an Act to prevent the work being done; neither does it allow the adjoining owner to stop the works being carried out. The Act is there to protect both parties should damage occur. If, having formed a Party Wall agreement, a defect is identified as a direct cause of the work undertaken, then the Act defines the appropriate actions to be taken to rectify the damage. If this agreement is not instigated with your neighbours and a dispute arises, it could result in court claims being made and judgement reached on the balance of probability that the damage was caused by the work undertaken. This can be very costly to pursue.
If you require more information about the Party Wall etc Act 1996, and the procedures to be followed, contact RSL Charted Building Surveyors on 01803 551943 who will be happy to provide information and guidance.
First Published June 2011 By The Dart