The Party Wall Act has evolved over a period of time to resolve property disputes. The legislation’s reach has extended from Inner Boroughs to the whole nation. It is applicable in England and Welsh principalities as of now. The quarrelling neighbours are the two parties, while a neutral person acts as the party wall surveyor Essex contractors, structural engineers, and construction experts generally mediate.
- Terraced and semi-detached houses are built very close to one another. They share a common, building structure known as the party wall.
- Garden fence separators are also a source of conflict and confrontation. They too are included in the legislation for dispute resolution.
- The law itself goes beyond walls and applies to boundaries and excavation sites. The two neighbours have to be informed beforehand to prevent disputes.
- The landlord who is initiating construction work has to notify the neighbour. The notices are served at least 2 months in advance for building projects.
- A one-month prior notice is essential for excavation sites as well. Surveyors are normally designated with the task of seeking concurrence from both parties.
The surveyor, engineer, or neutral party has to serve the notice to a neighbour. He or she may arrange a meeting between the two owners. An expert in legal and construction procedures is eligible to be a party wall surveyor Essex mediators follow these sequence of steps and find common ground –
- The landlord who knows the neighbour can start initial consultations. He or she can discuss the construction work and seek informal consent.
- Formally, The surveyor carefully drafts an appropriate notice. This document can be in the form of a party structure, adjacent excavation, or line of junction.
- The notice is prepared with all the necessary information. An existing template may be used, or a fresh draft is written from the scratch.
- The adjoining owner has to respond to this notice within 2 weeks. The building works can commence if he or she gives a written agreement.
- Dissent and failure to reply lead to a confrontational situation or dispute. Negotiations followed, and expenses may have to be incurred by both the parties.
- The problematic issues include destruction, damages, choice of the surveyor, a complete survey of both properties, etc., Some neighbours may have genuine concerns, while others consent without a glitch.
If both owners concur, then the “Agreed Surveyor” prepares a document. This is known as a party wall agreement/award.
The notices have to be served under specific sections of the legislation. There is no prescribed format or template. Relevant information is included in the notice by the party wall surveyor Essex specialists include these details to avoid any confusion –
- Name, Address of Building Owner
- Nature Of Work And Description Of Particulars.
- Commencement Date
- Type Of Excavation – Depth, Distance And Angle From Boundary Wall, etc.,
- New Wall – Adjacent Or Astride A Boundary
Qualified surveyors follow legal procedures while doing construction works. They draft and serve a notice to neighbours for consent. Any type of building work or excavation needs bipartisan concurrence. Both the landlord and neighbour have to agree without objections. Afterwards, The surveyor drafts an award/agreement and the planned works commence.