What Are Party Walls?
A party wall is a shared wall or structure between two properties, primarily used in the context of terraced or semi-detached houses. The term also refers to garden walls built over a boundary and excavations close to a neighbour's property. Understanding the legal framework and proper management of such walls is crucial for maintaining good neighbourly relations and compliance with the Party Wall etc. Act 1996.
Key Features of Party Walls
Party walls stand on the land of two or more owners and either form part of the building or do not. A wall that sits astride the boundary of land belonging to two different owners is a party wall in its entirety. However, some walls that might appear to be owned commonly are not legally party walls. Identifying these distinctions is essential for property owners looking to perform any renovations or repairs.
Legal Implications of Party Walls
The Party Wall etc. Act 1996 was introduced to prevent and resolve disputes arising from party wall issues. It provides a framework for preventing and resolving disputes in relation to party walls, boundary walls, and excavations near neighbouring buildings. Property owners intending to carry out any construction, alteration, or repair work that involves a party wall must notify their neighbours of their intentions through the party wall notice process.
Procedures Involved
- Serving a Party Wall Notice to adjoining property owners
- If consent is not given, both parties must either agree on a Party Wall Surveyor or appoint separate surveyors
- Preparation and agreement on the Party Wall Award, a legal document that sets out the rights and responsibilities of both parties
Common Issues and Resolutions
Disputes often arise from misunderstandings or miscommunications about the rights over a party wall, as well as the scope of works being conducted. Typical issues include damages to property caused by construction works and disagreements over the position of the boundary. RICS-accredited surveyors specialise in this area and can provide expert advice and guidance, helping to manage disputes effectively and professionally.
Expert Guidance
Handling party wall matters without adequate legal knowledge or professional support can lead to disputes that cause delays and additional costs. Consulting an RICS-accredited surveyor is advised for anyone involved in building near or around party walls. These professionals offer invaluable assistance, ensuring compliance with legal requirements and facilitating a smoother, more harmonious approach to property development and renovation.
Testimonials
Nick M
I recently had the pleasure of working with Clayton from Ayling Associates for a home survey on a property I am purchasing in London. From start to finish, Clayton was incredibly thorough, professional, and personable. The level of detail in the survey report was outstanding, covering every aspect of the property with clear, concise explanations. Clayton identified key areas of concern and provided practical, actionable recommendations that have been invaluable as I move forward with the purchase. His expertise, particularly in assessing structural concerns, gave me the confidence I needed to make an informed decision. Clayton was always available to discuss the findings and answer any questions I had, going above and beyond to ensure I fully understood every detail. His communication was excellent throughout the process, making what could have been a stressful experience much smoother and more manageable. I highly recommend Clayton and Ayling Associates to anyone in need of a reliable and knowledgeable surveyor. Their commitment to client satisfaction and their deep understanding of property issues truly set them apart. Thank you, Clayton, for your exceptional service!
Date: 30th of August 2024
Freddie Green
My report and consultation were excellent. I really appreciated the thoroughness, expertise, advice and value for money. Would recommend to anyone looking for a surveyor, and especially first time buyers.
Date: 21st of August 2024
David Labonte
Excellent, prompt, and professional service. The report was detailed, and much more useful than previous reports I received. Communication was straightforward, rapid, friendly, and informative.
Date: 23rd of August 2024
R Malick
Promptness of response : Mr Ayling made contact with me promptly. Quality of service : He wrote a survey that was comprehensive and it helped me make my decision about the purchase of a property. Value for money : Costs were not as much as I expected.
Date: 4th of August 2024
J Brunza
Promptness of response : Called within a minute. Professionalism : Quick and straightforward.
Date: 4th of June 2021
B. Jones
Promptness of response : Prompt, professional service. Quality of service : As above. Value for money : Value for money. Professionalism : As above.
Date: 4th of March 2021
F Percival
Promptness of response : Quality of service : Brilliant service. Took the time to understand our precise needs for the survey and made great effort to address our concerns. Value for money : Professionalism : An exemplary professional.
Date: 4th of April 2021
Francis
Superb. Fast turnaround on an impressively thorough RICS Building Survey Report. Ayling Associates listened to our particular concerns and were extremely helpful in talking us through the full report over the phone. Strongly recommended.
Date: 4th of March 2021