Party Wall Matters
Are you intending to carry out building works such as an extension which would be within 3m of your neighbour’s property?
Are you carrying out building works which may be adjacent to or on the boundary with your neighbour’s property?
Are you in a flat and carrying out works which will affect your floor or ceiling or wall structures?
Are you in a property where your neighbour is carrying out building works?
In any of the above situations it is possible that the building works and operations being carried out are notifiable under the Party Wall etc Act 1996.
This Act of Parliament provides a procedure to govern building works being carried out to one property which may affect either shared walls or structures or may affect foundations of an adjoining property. These procedures will often involve building surveyors acting for one or both of the parties ensuring that the works are properly carried out, that the risk of damage to either property is minimised, and if damage does occur there is a procedure to ensure that either remedial works are carried out or that there is a compensation payment in lieu of remedial works.
If in any doubt one should always consult with a building surveyor and AMA Surveyors will be able to give an initial consultation to advise whether works are notifiable and within party wall legislation.
As building surveyors AMA Surveyors have considerable experience and expertise in dealing with party wall related matters and disputes between owners of a property.
If building works are being carried out to a property and you believe that the party wall process is applicable but have not been served with the appropriate Notice there are remedies available however action needs to be taken immediately.
We have to point out that the party wall legislation has no penalty to impose on a property owner who carries out works without involving the party wall procedures and it does require that property owners respect their neighbours.
Party wall related matters relates to other services provided by AMA Surveyors such as boundary or neighbourly related matters including boundary disputes and access to neighbouring land.
Andrew Mazin of AMA Surveyors has acted where a position of a boundary is disputed using where appropriate measured survey technology with reference to legal and historical documentation.
Where access is required to an adjoining property perhaps to enable a building to be repaired access to undertake the works can be obtained with the assistance of legal advisors by invoking the Access to Neighbouring Land Act. This sets out a procedure involving surveyors ensuring that the works are appropriate and that the risk of any damage to the neighbouring properties minimised.
Often requests are made for scaffolding to be erected on neighbouring land and when AMA Surveyors are involved licences can be drafted with or without legal representation and assistance provided to ensure that any damage caused by the scaffolding is remedied in an appropriate manner.
If you have a query or need to instruct a building surveyor consult with and contact AMA Surveyors.