Party Wall etc. Act

The owners of properties both sides of a boundary have certain rights and obligations under the Act.
There are rights and obligations common to both, as well as those which are specific to each.

Common Rights

 

To request security for the expenses that would be incurred for any work required by the other Owner.

 

To enter the other Owner's property during usual working hours to undertake any work under the Act, after giving notice; and to extend that right to the appointed surveyor, and other workmen. And, in order to do any work under the Act while on the premises:-

• to remove, if necessary, any furniture or fittings;
• or take any other action necessary.

Entry can be forced if a constable or other police officer is present.

 

To directly refer a dispute to the Third Surveyor.

 

To appeal against an Award of the Party Wall Surveyor(s), within 14 days of receipt, if:-

• the Award:-
• has provisions which are
  • unfair; or
  • which attempt to determine future rights;
• has errors, or omissions, of fact, or in the interpretation of the Act;

or there is evidence that:-

• the Surveyors have:-
  • not been appointed correctly; or
  • acted outside their authority; or
  • not complied with the procedures set out in the Act; or
  • acted unfairly, for example, delivering the Award at different times to different Owners; or
  • shown bias; or
  • been fraudulent; or
  • colluded with the other Owner(s), or third parties.

Common Obligations

 

To agree where the boundary is.

• Generally this is essential only where work is being proposed at, or on, a boundary.
• As the Surveyor(s) should not commence work on the Award until this is confirmed in writing, the boundary should be agreed before the first Notice is served.
• In this case, a chartered land surveyor should be jointly appointed to assist in determining the location, to the satisfaction of both Owners.
• If undertaken after the Notice is served, then the proposed Surveyor(s), if construction industry professionals, can be appointed to assist. This service is not a Party Wall process, and until the boundary is agreed they are not Party Wall Surveyors. If the Surveyor(s) are not industry professionals, then a chartered land surveyor should be jointly appointed.

 

To give notice of intention to enter the other Owner's property.

 

To allow entry to the other Owner, their workmen and the appointed and Third Surveyors to undertake work under the Act, after the required Notice has been received.

• If entry is unreasonably refused, then a fine of £1,000 may be imposed on conviction.

 

To pay the costs determined by the Surveyor(s).

 

To notify the other Owner if an Appeal is to be made against the Award.