In simple terms a celebration wall sits astride a boundary to land owned by several different owners and forms section of a building using one or both properties.
A wall which sits astride the boundary but does not form part of a building is really a Party Fence Wall for the purposes of the Act.
The word Party Structure is also found in the Act. A floor structure separating flats is one example of a celebration Structure.
When does the Party Wall Act apply?
Party Wall Surveys Bushbury will apply when:
Various works are completed to a preexisting Party Wall or Party Structure
New buildings or structures are erected around or sat astride the boundary line
Excavations are completed up to 6 metres of a structure on a neighbouring property which have the potential to undermine the foundations of that structure
So the Act applies to my works, what do I really do now?
If the Act applies you may be obliged to serve a Party Wall Notice on your own neighbour, setting out details of the works accessible and providing key information such as for example plans, proposed commencement dates etc. In the case of adjacent excavations you may need to provide specialist details of foundations.
You will be obliged to provide your neighbours between 1 and 2 months notice of commencement of work depending on which section of the Act applies.
What goes on if my neighbour objects to my Party Wall Notice?
The Act gives you the right to complete various types of focus on or around the boundary line so provided your works are covered by the Act your neighbour's objection cannot stop you going ahead but means that you are obliged to check out the Dispute procedure set out under Section 10 of the Act.
This requires you to appoint a Party Wall Surveyor to do something in your stead. Your neighbour gets the right to appoint their very own surveyor or they may agree in the appointment of an individual 'Agreed' surveyor. Where two surveyors are appointed they will agree on the appointment of a third surveyor to adjudicate/referee where in fact the two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out the rights and obligations of both parties and includes a Schedule of Condition of the neighbouring property to record its condition before works start.
What is a Party Wall Agreement/Award?
This can be a written document prepared by the surveyor detailing the rights and obligations of the owners. The contents are agreed by the survey and upon completion the Agreement is served on the owners.
This is the legally binding document that can be enforced by the County Court where necessary.
Evans Jones are a team of Chartered Building Surveyors in Cheltenham, who've been dealing with the Party Wall Act since its inception in 1996. You will end up dealt with by way of a specialist Party Wall Surveyor with connection with all areas of the Act who can help you simply and clearly how best to meet your obligations beneath the Act.