Land and Property Professionals, Robinson & Hall report that it has been 20 years since the Party Wall etc. Act came into force across England, on 1 July 1997. The Act provides a basis for facilitating building works in relation to party walls. It also provides a framework for preventing and resolving disputes when excavating near neighbouring buildings.
The Act does have a far greater scope than what is commonly thought of as a party wall and you must always seek the correct advice when considering a building project.
The process generally requires an Award to be prepared – this is often referred to as a party wall agreement. This includes a schedule of condition of the neighbouring property and addresses many of the aspects between the neighbours to facilitate the works to be carried out.
However, regularly it is found that the implications of the Act are only given consideration right at the last minute just before the work starts. Depending on which section of the Act applies, between 1 – 2 months' notice should be given to the neighbouring owner before the work starts.
Robinson & Hall's expert in party wall matters, Stuart Brown reports a marked increase in enquiries for party wall agreements. On average, Stuart deals with one new project each week covering buildings in Bedfordshire, Hertfordshire and Buckinghamshire.
Stuart also reports an increase in so called 'ambulance chasing' surveyors from out of the area. Some companies trawl through Local Authority planning application websites and contact unsuspecting neighbours to offer their services. Often their fees are disproportionate to the work involved and include false statements in their introductory letters. Appointments of party wall surveyors can only take place after Notices have been served and responded to. If you are a neighbour who has received one of these letters, then please contact Stuart to obtain further advice.
We recommend any owner planning to build considers the implications of the Act at an early stage. Don't always assume others will advise you as even some architects and builders are still not aware of the scope of the Act, and this critical issue often gets overlooked.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
