Party Wall and Neighbourly Matters
The Party Wall etc Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
Common examples of works under the Act include:
- Constructing a new wall on/astride a boundary
- Cutting into a party wall
- Removing chimney breasts from a party wall
- Knocking down and rebuilding a party wall
- Excavating below the bottom level of a
Schedules of Condition
Schedules of Condition record the condition of relevant parts of an adjoining owner's property prior to commencement of works. It enables the surveyor(s), at a later date, to determine the extent of the building owner's liability for damage caused by the works.
It is good practice in practically all cases to prepare a Schedules of Condition of adjoining properties prior to work commencing and for that Schedule of Condition to form part of the Award document.
Access rights given within realms of the Party Wall Act can only be used for works specified under the Act. For example, a right of access to build a wall should not be used to cover a roof, fix a gutter or for any other casual or related work.
In such cases, entering into an access licence is the most sensible route. Aspen Party Wall Surveyors have a wealth of experience in producing access licences customised to your needs in addition to considering the neighbours requirements.
The extent of ownership or boundary positioning between two properties is not always clear-cut. Sometimes, dimensions are inaccurate and plans are marked up incorrectly. Aspen Party Wall Surveyors often act in the event of a dispute over the boundary positioning between two properties, in aim to establish and prove the correct boundary line.