Walls and boundaries: rights and problems (part two) |
|
| |
|
| Introduction |
|
| This is part two of a two part article.Part one explains the Party Walls Act 1996 and when it applies to you. and advises how to deal with particular problems such as neighbour disputes and delineation procedures. |
|
| |
|
| This article (part two) advises on how to apply the act and how to resolve a variety of disputes. This article specifically addresses delineation and neighbour disputes. |
|
| |
|
| The article is based on the Party Wall Act which was introduced in 1996 and came into force on 1st July 1997. The purpose of the act is to avoid and resolve building disputes between neighbours. |
|
| |
|
| Whose responsibility? |
|
| The owner of the property upon which the wall / boundary / fence is situated has main responsibility for maintenance. The owner could be the ‘real’ owner of the property, or it could be a tenant whose tenancy lasts for more than a year. Of course adjoining owners or occupiers who are thus affected also have rights under the act. |
|
| |
|
| Step One - Initial consultation process |
|
| The Act sets out an initial consultation process which must be completed before any work takes place. It also defines a time period of 1 or 2 months, dependent on the nature of the work, within which the property owners have to reach an agreement. |
|
| |
|
| The party wall Owner must notify all Adjoining Owners who may be affected, providing them with information related to their property like the effect the above work may have on the adjoining property must be considered in advance. Appropriate steps are to be taken so that no detriment or damage is caused to the adjoining owner’s property. |
|
| |
|
| Step two - the Procedure |
|
| It is in the best interests of the Adjoining Owners to reply to the notification unless the person has no problem with the building of the wall. If a reply is not received within 14 days, each party must appoint an independent Party Wall Surveyor to administer the act. |
|
| |
|
| What does the Party Wall surveyor do? |
|
| The surveyors will determine what work can be carried out and impose conditions as necessary. These conditions called an “Award”. The "Award" also records the condition of the neighbouring property before the work begins, deals with arrangements for access, sets out the work to be carried out and the way in which it should be carried out. |
|
| |
|
| The property owners must abide by the award. If, later, the work agreed within the Award is to be altered in any way, the changes must be assessed and approved by Party Wall Surveyors. |
|
| |
|
| Who pays the surveyor's fees? |
|
| The owner who first planned the work will usually be responsible for costs associated with the Award but the surveyor may decide that they should be apportioned where there are benefits to other parties. |
|
| |
|
| Who pays for the building work? |
|
| This is settled by agreement. If there is a dispute, it will be covered by the Award. |
|
| |
|
| What about access? |
|
| Access must be provided, under The Act, for Party Wall works. |
|
| |
|
| Can I build astride the boundary line? |
|
| Only by agreement. |
|
| |
|
| What is the Notice period for boundary fence walls? |
|
| At least one month's Notice is required. |
|
| |
|
| What about excavations near to neighbouring buildings? |
|
| The Act will apply in certain circumstances to excavations, foundations and underground construction within 6 metres of a neighbouring building. |
|
| |
|
| Can the Act be used to resolve a boundary dispute? |
|
| No, but in many cases the Act will prevent disputes arising in the first place. |
|
| |
|
| The Party Wall Act includes many more detailed procedures and provisions which are best understood with the help of legal experts who deal in such areas. A lapse of procedure will generally not work in your favour. Thus the process of consultation with legal experts should not be overlooked. If you are an Adjoining owner you should be aware of your rights and obligations under the Party Wall Act. |
|
| |
|
| Points to consider regarding negotiations with other parties: |
|
- By far the best way of settling any point of difference is by friendly discussion with your neighbour. Net Lawman supplies letters you might like to use to support your argument, some stronger than others. Always put an agreement in writing. Memories fade, demands change and new neighbours never knew. Net Lawman can draft a suitable agreement specially for you at a very reasonable price;
- If you have an agreement, make sure you tell your solicitor before you try to sell. Your formal title may need to be changed at the Land Registry or may be the situation should be declared to prospective buyers to avoid future problems;
- An agreement with your adjoining owner does not remove the possible need to apply for planning permission or to comply with building regulations;
- You cannot stop someone from exercising the rights given to them by the Act, but you may be able to influence how and at what times the work is done;
- If it is you who wishes to take action, and then take a pragmatic approach to any work that may have an impact on an adjoining property. Follow the correct procedure and secure in advance an official agreement with all relevant parties. That saves delay in your project if someone complains.
|
|
