March-April 2012 South West Building & Construction 11 SURVEYORS


Act provides safeguards


Article by Lester Bird


THE Party Wall etc Act 1996 provides a statutory regime governing the relationship between adjoining owners and regulates certain building work carried out on or near to the boundary between adjoining or adjacent properties. It covers both residential and commercial property and came into force on July 1, 1997. The Act allows building


owners to carry out works to a party structure (as specifically defined within the Act) or in the vicinity of an adjoining owners’ building which could otherwise constitute a nuisance or trespass under common law. It also safeguards the interests of the adjoining owner, for example, by requiring notice of works to be given within a prescribed timescale and for the building owner to make good any damage. The Act applies to three types of structures: a party wall, a party fence wall and party structures.


In some ways, the Act is considered toothless as there are no powers of redress within the Act if a building owner does not serve the correct notices and then commences work (other than an adjoining owner seeking an injunction for non- compliance) and the Act has no legal standing whatsoever if the notices or awards are served retrospectively. However, it is quite


powerful in terms of the rights it gives to building owners wanting to carry out works to a party structure and in terms of allowing access onto a neighbour’s property for the execution of the works. It covers three types of


work:


*The construction of party structures on or at a boundary where there are no existing structures (Section 1 of the Act)


*Works to existing party structures (Section 2 of the Act)


*Excavations within 3m or 6m of other buildings or structures, depending on depth (Section 6 of the Act).


E.J. Taylor


Building Surveyors Local Authority Applications Project Management


Architectural Services for:-


• Site Development, New Build, Extensions • Listed Building Renovations • Property Reports, Structural Surveys


Residential, Commercial, Agricultural Regulated by RICS


Tel 01363 877332 Email: linhay@ricsonline.org


The Act covers both residential and


commercial properties.


The Act goes on to set out the procedures necessary, including service of notices (Section 3 of the Act) and counter notices (Section 4 of the Act), rights of entry to carry out the works (Section 8 of the Act) and the resolution of disputes arising out of the Act (Section 10 of the Act). Later sections cover such things as compensation, apportioning costs for the work, recovery of debt and application to the courts by an


appointing owner to overturn part or all of the award.


*Lester Bird is a Chartered Surveyor and Member of the Faculty of Party Wall Surveyors. He is experienced in acting for both building owners and adjoining owners in respect of the Party Wall etc Act.


He can be contacted on 01237 473184 or via lester@passwright.co.uk.


PASSMORE WRIGHT & COMPANY Chartered Surveyors & Valuers


PARTY WALL SPECIALISTS


As Members of the Faculty of Party Wall Surveyors we can offer proper, specialist advice to Building Owners


and Adjoining Owners with reference to the Party Wall etc. Act 1996


COVERING DEVON & CORNWALL Please contact


Lester Bird BSc (Hons) MRICS MFPWS BIDEFORD (01237) 473184


Also New Build Certification, Surveys, Valuations, Landlord & Tenant


Also at BUDE, CORNWALL (01288 359519)


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