The Party Wall etc Act 1996 gives building owners rights to do work to the party wall (shared wall) and when excavating or building close to the boundary line. The main obligations are to notify the neighbour on the proposed works and an obligation to repair any damage that might be caused by the work. Under the Act the person carrying out the work is known as the Building Owner and the neighbour is known as the Adjoining Owner. We can act for either or both parties to ensure that the provisions of the Party Wall etc Act are complied with.
We assess the proposals and advice on the Notices to be issued and the need for any further drawings or information that might be needed. We will also identify the Adjoining Owner should this be necessary. The necessary Notices are then prepared and submitted to the Adjoining Owner following which records of the condition of neighbours’ buildings, party walls and adjacent areas are produced. If required we will prepare an Award and agree detailed terms with the Adjoining Owner’s Surveyor or act as Agreed Surveyor if appointed. Should any problems arise during the work, we will re-inspect the property and advise on the appropriate action to be taken
We would examine the Notices submitted by the Building Owner to ensure that they are valid. Contact will then be made with the Building Owner’s Surveyor, we will visit your property, examine the building to prepare a record of the condition and then negotiate the Party Wall Award. On completion of the work we will re-inspect your property to ensure compliance with the Award and if notified of problems during the course of the building work we will inspect and take the appropriate action.
For an evaluation of the party wall matters that may affect your property, please send a set of proposed drawings, or, if you are an Adjoining Owner, forward copies of the Notices and any accompanying drawings and we will advise on the best course of action.
When owning a property, it is important to know the location of the boundaries and who is responsible for these. The deeds of the property will normally provide these details, but on occasions the actual boundary positions may have been altered following the construction of an extension or other building and in some instances the boundary fences themselves may have been relocated. From time to time neighbours disagree about the position of a boundary and we can help to agree the boundary position based on the property deeds, ordnance survey maps and site measurements.
Schedule of condition
The McCarthy Partnership offer both ‘photographic’ and ‘full descriptive’ schedules of condition. These may be attached to a new lease as part of the agreement between the landlord and tenant or for party wall purposes.