Party Wall etc. Act 1996 and Six Common Misunderstandings

Party Wall etc. Act 1996 and Six Common Misunderstandings

The Party Wall Act came into being in 1996, and still, the public does not have a clear idea about its details. It should also be known that the Part Wall award is called the agreement that the construction workers need to abide by when they are involved in the construction work.

It is further known that the survey procedure will begin with the service of Party Wall Notice. According to this, the notice should be served for the tenure of 2 months prior to the construction works start.

However, some of the common misunderstandings about the act are enlisted in the following part of the article.

1. Is the act applicable when the extension is done on its land?

To know about relevant information on land extension, it is available under Section 6 of the Act. According to this, it indicates that even when you are making changes in your plot, it can have an impact on your neighbor’s foundations. To continue with your property work, you have to leave 3 meters space towards your neighbor. In case the neighbor’s foundation is deep, you may have to leave 6 meters of space and continue with the work.

2. If a neighbor consents, is it necessary to serve a Party Wall Notice?

No consent could be given under the above-said act until the notice is served. In case your neighbor has said that they will give consent, it is still better to serve the notice to be on the safe side. In this, they have to confirm consent by giving a written statement. This will help ensure that the owner’s foundation is not affected, and they are ready to hire a surveyor as required in the procedure later on.

3. How to deal with a neighbor when working without consent notice producing retrospective awards?

The Party Wall Act has no reference for retrospective notice, unlike the previous time when the work could be authorized retrospectively. If it is seen that the neighbor has completed the profitable part of the work, it will help to deal with better results. It includes any property damages. If a situation arises when the neighbor does not agree, the case needs to be settled down in the court between the involved parties.

4. Is it possible to prevent neighbors from encroaching within the boundary with their foundations?

For a building owner to build the property along the boundary line and take the footings beyond the line, they have to serve the required notice period. If you wish to build an extension, you have the right to cut from the part of the neighbor’s place. Even for this, you have to serve the required notice period again. When such situations arise, the neighbors should opt for an agreement by which they can build a single wall on the boundary to be used as extensions between the two houses.

5. Can an adjoining owner deny its neighbor’s access to extend future building works?

To deal with such cases, one has to go through Section 8 of the Party Wall Act.  Based on the extension work, access is subjected to 14 days’ notice period. This means that the neighbors can get access based on this act. If the owner wishes to enforce the access right on a non-complaint neighbor, the case does not involve the court.

6. What happens when a neighbor does not reply to a construction work agreement?

The 14day period is known as the consent day according to section 5 of the Act. In case, the neighbor does not consent even after 14 days, it is better to seek assistance from a party wall surveyor. If you still fail to appoint one, the owner can try to appoint someone on their behalf to deal with the matter.

A Party Wall Surveyor is given different roles when the person agrees to the party wall award. In the award, the role of the surveyor would be defined by the construction works. The surveyor would help to know about the details of the construction plans, details of the designs, and other relevant information.

Prior to the construction starts, it is recommended to visit the property of the owner to get a photograph as well as a written report of the property. If needed, a protection statement should be prepared by the owner before the construction work starts. Knowing about details like the contract’s working hours, the noise of work involved, nuisance, and others will help to deal with the work better.