We can Act for either a Building Owner planning works or an Adjoining Owner who lies adjacent to a building where works are proposed .
The Act covers all types of property including Residential and Commercial Buildings .
If you are planning to undertake works of extension on or near to a boundary where your neighbour has a building you will need to consider the implications of the Party Wall ect Act 1996.The Act also covers situations where a neighbour – called and Adjoining Owner within the Act wishes to undertake work next to or adjacent to your party wall.
The Act covers different types of works; alterations to a shared party wall, the construction of new walls on the boundary and excavation work close to – generally within 3metres of any neighbouring properties.
Where works falls within the scope of the Party Wall Act, it is required that the Building Owner serve notices and obtain the affected Adjoining Owner(s) consent to the works, if that consent is not forthcoming the parties are deemed to be ‘in dispute’ under the Party Wall Act and Party Wall Surveyors must be appointed so that this dispute can be resolved by way of a Party Wall Agreement (referred to as an ‘Award.’)
As an adjoining owner if you have been served notice under the Party Wall etc Act, it is your right to appoint your own Surveyor to represent you. You may feel that the information provided to you is inadequate or do not have confidence in the expertise employed by your neighbour.
Dissenting to the notice is not dissenting to your neighbours project but requesting that a written agreement (An Award) is put in place which includes a survey of your property to capture the condition prior to works commencing.
If you dissent to the Party Wall Notice and appoint your own Party Wall surveyor, your surveyor’s role would be to administer the Party Wall etc Act 1996 and ensure that your property is fully protected. Under the Party Wall etc Act 1996 Act the building owner (your neighbour) is responsible for your appointed Party Wall surveyor’s reasonable fee.
Philip Alexander has over 25 years experience in Party Wall legislation and would be pleased to assist you in order to not only safeguard the potential risk of damage to your property, but ensure that your safety, security, privacy and continued enjoyment of your property is also considered.
Please contact Philip Alexander for a free telephone consultation if you require further information . For further information see http://www.rics.org/uk/knowledge/consumer-guides/party-walls-guide/