Neighbourly Disputes and The Party Wall Act
The Party Wall & Access to Neighbouring Land Act
The Party Wall etc. Act 1996 and Access to Neighbouring Land Act 1992 were introduced to provide frameworks for both preventing and resolving disputes between neighbours. The Acts enable ‘Building Owners’ to construct new and develop existing structures up to a boundary, whilst protecting the rights of ‘Adjoining Owners’ from suffering any loss as a result of the works on an adjacent site.
What type of works are notifiable under the Party Wall etc. Act?
If you are intending to develop a site or own a property next to a proposed development it is likely that works are notifiable under various sections of the Act:
Section 1 – Line of Junction Works
Where new construction is intended, either up to or straddling the boundary of a site where no walls exist at present.
Section 2 – Repair etc. of party wall: rights of owner
Required where works are proposed to underpin, thicken, demolish, rebuild, cutting into/ away or exposing a wall in joint ownership or wholly situated on the adjoining owners land.
Section 6 – Adjacent excavations
When excavating within 3m and in some instances where deep excavations are proposed within 6m of an adjoining building.
How can we help?
Allcott Commercial Building Surveyors have extensive experience and regularly act as Building, Adjoining and Agreed surveyor. We are fully conversant with the obligations of all parties under the Party Wall Act, with a number of our surveyors actively involved in the Pyramus & Thisbe Club – The organisation for professionals specialising in party wall matters’ throughout regions of the UK.
With our knowledge and experience we are able to ensure that our clientele of developers, landlords, financial institutions, housing associations and private individuals make best use of the legislation based on their specific need.
Our additional expertise in this field includes obtaining oversailing and scaffold licences and resolving boundary disputes and other access issues on behalf of developers and neighbours.