office@dobanti.com | 01892 615660
The current legislation which governs the Party Wall Act (PWA) process is the 1996 Act (above) which places very specific obligations on a building owner (BO) planning alterations or an extension to their own property. It is important to understand that the PWA process has been developed to protect both the BO and also any adjoining owner (AO) who could be affected by the BO’s planned work. The Act seeks to ensure that the BO can legally carry out their approved work but also seeks to protect an AO property from any adverse effects or damage caused whilst the works are taking place or as a result of the work itself.
Qualifying works include any physical alterations to a separating party wall between two existing structures, building on the line of junction (boundary) and excavating new foundations within 3m or up to 6m from an AO structure. The process must begin by the BO (or his surveyor) serving appropriate notices in a timely fashion to the AO which provide adequate information about the planned work. The AO then has a certain period of time within which to respond. At this juncture, the AO has three choices: to agree to the proposed works, to ask to be represented by an Agreed Surveyor who will represent both parties or to request the appointment of a surveyor to act on their own behalf but at the BO’s expense. Once one or more surveyors are involved, the process will then lead to an evaluation of the planned qualifying works, the production of a Schedule of Condition for the AO property and a Party Wall Award (agreement) detailing the conditions under which the qualifying works may proceed and any special provisions which might be appropriate in order to ensure the wellbeing of the AO property and to minimise nuisance. These might include a method statement for the work, agreements on access, scaffolding, material deliveries, parking, damage repairs, insurance, etc.
We carry out a lot of Party Wall work, acting in equal measure for both building owners and adjoining owners and have encountered most scenarios as a consequence.
