Party Wall Disputes: Common FAQ’s
If you are planning to carry out building work, be that loft conversion or a perhaps a simple roof conversion or if you happen to share an adjoining wall with a neighbour who is planning on carrying out some building work at home - the party wall dispute act may apply to you. If you have concerns surrounding this you may be unsure about how to proceed. So, with that in mind - we have outlined some common FAQ’s surrounding party wall disputes and boundary disputes.
You may have an idea already due to the namesake but essentially, a party wall can be classed as any of the following:
●A wall which is located between two or more properties and forms a part of a building’s structure.
●A wall located on the land of one owner but which is being used by two or more owners of separate properties.
●A wall located on the land of two different owners but does not classify as a section of a building, a common example of this is an outdoor wall for example.
●A wall or floor partition which separates buildings or sections of buildings which belong to different people, for example, flats.
What is the purpose of the 1996 Party Wall Act?
The Party Wall Act 1996 offers legal guidance in relation to preventing and resolving disputes relating to so-called ‘party walls’ being shared by homeowners. The reasons that this act exists is to offer a level of protection to adjoining property owners and give them support in terms of enabling them to be able to develop their property in keeping with what they want.
Lots of home improvement work carried out includes building extensions, loft conversions and excavation work which may too fall within the scope of the 1996 Party Wall Act.
How are these disputes resolved?
Property owners will be able to either agree to proposals put forward by their neighbour or come to an agreement themselves for how things will be carried out. If there is a dispute surrounding a party wall but no written consent regarding any changes of an existing party wall in a timeframe of fourteen days of the notice being put forward, the Act will provide for a surveyor to settle the dispute.
Simon Levy is a highly experienced party wall consultant who has provided administration and expert witness services in a range of highly complex party wall disputes where a certain skill set and knowledge is required. If you plan to make alterations to a party wall that you share, you may want to consider the legalities of this as you may be required to seek legal permission to make alterations to party walls. To find out more about how we can assist you, please contact us today, we’d be delighted to help.
