Party Wall etc. Act

Rights

 

To carry out works of:-

• alteration, repair and reconstruction of Party Walls;
• alteration to an Adjoining Owner's boundary wall(s);

These rights may be exercised with the written consent of Adjoining Owners and Occupiers.

 

To construct new party walls, or party fence walls, with the consent of an Adjoining Owner.

 

To excavate and construct within 6m of an Adjoining Owner's building.

 

To request security from an Adjoining Owner for the expenses that would be incurred in order to undertake works:-

• which would be subject to a financial contribution from an Adjoining Owner;
• required by an Adjoining Owner.

• NOTE: if the Adjoining Owner hasn't provided security within one month after the notice is served or a Surveyor(s) Award on this is made, then the Building Owner can ignore the requirement.

 

Obligations

 

To give notice of intention to do the work, to all Adjoining Owners several weeks before the work is due to start.

 

To comply with the requirements of a Counter Notice unless it would result in:-

• unnecessary inconvenience,
• undue delay, or
• physical detriment to the Building Owner's property, or
• economic loss to the Building Owner.

 

To start the work within 12 months of the serving of the notice of intention to do the work, and to proceed diligently with the work.

 

To plan the work so that unnecessary inconvenience is not caused to any Adjoining Owner or Occupier, either by the way the work is carried out, or when it is carried out.

 

If opening the adjoining land or building,
To provide proper hoarding, shoring, fans or temporary construction for the protection of the adjoining land or building and the security of any Adjoining Occupier.

 

To take proper precautions during the works, so that any nuisance or inconvenience to an Adjoining Owner, or Occupier, is minimised.

 

To make good, or pay monetary compensation for, any damage caused to an Adjoining Owner's, or Occupier's, property caused by the work.

 

To provide a detailed account of monies spent, a Works Account,

• on work carried out as required by an Adjoining Owner, and/or
• for which a contribution from an Adjoining Owner is due,
• within two months after the work has been completed.

The sums must be based on fair average rates and prices, and include deductions for the value of old materials re-used or salvaged, or other things.

 

To pay the additional construction costs incurred by an Adjoining Owner's works, caused by special foundations previously constructed by the Building Owner with the Adjoining Owner's consent.

 

To pay to an Adjoining Owner their reasonable costs of the dispute resolution, as determined by the Surveyor(s).

• The heads of cost include:-
• their Appointed Surveyor's fees;
• the fees of professional or technical advisers, if appointed.