Party Wall etc. Act 1996
When you look for a Party Wall Surveyor in Windsor simple answers are often not forthcoming.
On this page, you will find the answer to: what, why and how? We have also prepared a simple guide to the Party Wall notice creation so you can get the process going as soon as you need without the need of a Party Wall Surveyor. But, if you need further help, press the button below. We routinely help homeowners and property developers fulfil their duties under the remit of the Act.
​
We also help adjoining owners ensure the neighbour is doing the right thing. We are not only Party Wall Surveyors we are first and foremost Principal Designers so our understanding of the building is second to none.
Scroll down for more
WHAT IS THE PARTY WALL etc. ACT 1996?
Scroll down for more
-
IT IS A DISPUTE RESOLUTION PROCEDURE BETWEEN THE OWNERS AT THE TIME OF THE WORKS TAKING PLACE
​
-
WHO IS THE OWNER - ANYONE WITH THE CURRENT LEGAL INTEREST IN THE PROPERTY LONGER THAN A YEAR. (FREEHOLDER, LEASEHOLDER, LONG CONTRACT TENANT)
​
-
IT APPLIES TO WORK DONE TO PARTY WALLS - WALLS THAT STAND ON THE LAND OF TWO OR MORE OWNERS OR STAND ENTIRELY ON ONE OWNER'S LAND BUT IS USED BY THE OTHER OWNER.
​
-
IT APPLIES TO WORK DONE TO BOUNDARY WALLS - WALLS STANDING ON ONE OWNER'S LAND WHICH IS NOT USED BY THE OTHER OWNER.
​
-
IT APPLIES TO WORK DONE TO PARTY STRUCTURES - OTHER STRUCTURES THAT DIVIDE OWNERSHIP - FLOOR OR CEILING BETWEEN THE FLATS.
​
-
IT APPLIES TO EXCAVATION WORK THAT CAN CAUSE DAMAGE TO THE BUILDING - EXCAVATION WITHIN 3M TO THE LEVEL BELOW THAT OF THE NEIGHBOURING BUILDING FOUNDATION.
​
-
IT APPLIES TO EXCAVATION WORK THAT CAN CAUSE DAMAGE TO THE BUILDING - EXCAVATION WITHIN 6M FROM THE NEIGHBOURING BUILDING IF THE DEPTH OF THE EXCAVATION BREACHES A 45-DEGREE ANGLE AS DRAWN ON THE CROSSECTION THROUGH THE BUILDING STARTING AT THE BOTTOM OF ITS FOUNDATION.
WHY DO PEOPLE ENGAGE IN THE PROCESS:
​
-
PARTY WALL PROCESS REMOVES YOUR CASE FROM THE COURT UP UNTIL ONE OF THE OWNERS DISPUTES THE AWARD. COURTS ARE BUSY AS THEY ARE, THEY DO NOT NEED PETTY QUARRELS BETWEEN NEIGHBOURS ON THEIR BOOKS SO GOING THROUGH THE PROCESS SHOWS THE PROPER APPROACH SHOULD THE CASE EVER LAND IN THE COURT.
​​​​
-
THE PROCESS WILL FORMALISE YOUR RELATIONSHIP WITH YOUR NEIGHBOUR WITHOUT A JUDGE BUT WITH A SURVEYOR OR SURVEYORS IF NEED BE.
​
-
YOU WILL BE ABLE TO ACCESS YOUR NEIGHBOUR'S LAND TO EXECUTE YOUR WORK IF NEEDED.
​
-
THE COST OF DEALING WITH DISPUTES THROUGH THE PARTY WALL ACT PROCESS IS CHEAPER THAN PUSHING FOR OR FIGHTING INJUNCTIONS, ESTABLISHING BOUNDARY LINES, LIABILITY FOR DAMAGES.
​
-
PROTECTION FROM LITIGIOUS NEIGHBOURS AND UNNECESSARY COSTS DOWN THE LINE.
​
WHY DO PEOPLE NOT ENGAGE THE PROCESS:
-
THEY DO NOT KNOW ABOUT IT, IT IS NOT A CRIMINAL OFFENCE NOT TO FOLLOW IT AND THE FINE FOR NOT FOLLOWING IT MAY BE SMALLER THAN THE COST OF ENGAGING A SURVEYOR.
​
-
​THEY RECEIVE AN AGREEMENT FROM THEIR NEIGHBOURS TO CARRY OUT THE WORKS.
​
-
BECAUSE THEY CAN - LITIGATION AND ALL THE OTHER THINGS ASSIDE. OFTEN THE NEIGHBOURS TO WORKS HAVE NO IDEA OF THE PROCESS AND CANNOT AFFORD LEGAL ADVICE NOT TO MENTION THE LITIGATION. IT IS SAD BUT IT IS SOMETIMES TRUE.
THE WHY BEHIND THE ACT?
Scroll down for more
THE HOW BEHIND THE ACT?
Scroll down for more
THERE ARE A FEW POINTS TO CONSIDER BEFORE YOU DO ANYTHING AND WE LIST THEM HERE.
TREAT IT AS AN INITIAL CHECKLIST AND A SET OF PRECAUTIONS TO PREPARE YOU WELL BEFORE YOU ENGAGE IN THE PROCESS. YOU CAN ALSO DOWNLOAD A PARTY WALL NOTICES GUIDE TO HELP YOU DO THEM YOURSELF.
​​
THE ACT APPLIES TO CERTAIN TYPES OF WORKS ONLY WHICH ARE COVERED BY 3 SECTIONS OF THE ACT. THIS MEANS IF YOUR WORK FALLS UNDER ALL THREE YOU WILL NEED TO ISSUE THREE NOTICES, ONE FOR EACH TYPE OF WORK. THESE ARE:
​
SECTION 1 - DEALS WITH BUILDING ANEW ON OR AT THE BOUNDARY LINE.
SECTION 2 - DEALS WITH WORK TO PARTY WALLS, BOUNDARY WALLS AND PARTY WALL STRUCTURES.
SECTION 6 - DEALS WITH EXCAVATIONS WITHIN 3 METERS OF THE NEIGHBOUR WALL OR UP TO 6M.
​​
THESE NOTICES ARE PER OWNER SO IF YOU HAVE A FREEHOLDER, LEASHOLDER AND LONG-TERM TENANT ON THE OTHER SIDE YOU ARE LOOKING AT ISSUING 9 NOTICES.
​
IF YOU DO NOT PREPARE YOUR DESIGNS AND THE DESCRIPTION OF YOUR WORK DILIGENTLY TO CONSTRUCTION-LEVEL DEFINITION DO NOT EXPECT YOUR NEIGHBOUR TO BE HAPPY WITH YOU DOING THE WORKS. IT SHOWS YOUR LACK OF CAPACITY FOR QUALITY AND PROPER CONSIDERATION.
THIS IS A BIG RED LIGHT! 90% OF NOTICES WE SEE ARE OF BAD QUALITY ENDING UP IN A DISPUTE ON THE OTHER END OF THE SPECTRUM 90% OF NOTICES SERVED BY US ON DESIGNS PREPARED BY US DO NOT GO TO DISPUTES.
​
NO NOTICE NO PARTY WALL - THE PROCESS MOVES FORWARD. THERE IS NO WAY TO GO BACK TO MAKE THINGS WORK UNDER THE ACT.​​​​
​
ALL INTERACTIONS NEED TO BE IN WRITING AND YOU WILL NEED CONFIRMATION OF THESE ALONG THE WAY.
STEP 1
1. DEFINE YOUR PROJECT UP TO A CONSTRUCTION LEVEL OF DETAIL DONE BY COMPETENT DESIGNERS - YOU NEED A PRINCIPAL DESIGNER TO DO IT FOR YOU ANYHOW SO IT MAKES NO SENSE TO SKIP OVER IT.
2. RESEARCH WHO IS YOUR NEIGHBOUR. YOU CAN FIND INFORMATION IN THE LAND REGISTRY
3. GO SAY HELLO TO YOUR NEIGHBOUR. SHOW THEM YOUR DESIGNS. DISCUSS WHAT YOU WILL DO. TELL THEM THAT YOU WILL BE ISSUING THE PARTY WALL NOTICES SOON.
4. PREPARE AND ISSUE NOTICES.
STEP 2
1. GET THE AGREEMENT FROM YOUR NEIGHBOUR. THEY HAVE A STATUTORY DUTY TO RESPOND IN 14 DAYS IF THIS TIME LAPSES. YOU ARE IN A DISPUTE BY DEFAULT.
2. GET THE PARTY WALL SURVEYOR ON BOARD.
3. THE SURVEYOR WILL ISSUE A CHASING UP NOTICE AND WILL MOVE THE PROCESS FORWARD BY EITHER BECOMING AN AGREED SURVEYOR OR LIAISING WITH A SURVEYOR PICKED BY THE NEIGHBOUR OR PICKED BY HIM.
4. SPEAK TO YOUR SURVEYOR IF YOU DO NOT MIND THE SECOND SURVEYOR TO BE THE AGREED SURVEYOR INSTEAD OF HAVING TWO.
5. IF THERE ARE TWO SURVEYORS INVOLVED THEY NEED TO PICK A THIRD ONE TO ACT WHEN THEY STRUGGLE TO AGREE ON MATTERS AT HAND - YOU WILL LIKELY COVER ALL COSTS IF THESE ARE REASONABLE.
STEP 3
1. THERE MAY BE SOME TOING AND FROING INCLUDING WORKS THAT THE ADJOINING OWNER LIKES YOU TO DO FOR WHICH HE MAY NEED TO PAY.
2. YOUR SURVEYORS MAY WISH TO VISIT THE NEIGHBOUR TO DO A SCHEDULE OF CONDITIONS - THEY DO NOT NEED TO BUT IT IS CUSTOMARY.
3. YOU MAY BE ASKED TO SECURE MONEY AGAINST FUTURE WORK TO ASSURE SUFFICIENT COMPLETION IN CASE YOUR PROJECT FLOPS.
4. YOU WILL RECEIVE AN AWARD THAT WILL ENCAPSULATE ALL THESE ASPECTS AND WORK THAT IT CAN CONTROL.
5. YOU MAY BE ASKED TO PROVIDE AS BUILD DRAWINGS TO CONFIRM WHAT WAS DONE DURING THE WORKS.
6. PROVING THE WORKS IS PLAIN SAILING AND THERE ARE NO FUTURE DISPUTES THIS IS IT.
7. THE PROCESS MAY HOWEVER LENGTHEN WITH THE NECESSITY TO PREPARE MORE AWARDS FINALISING DISPUTES.
Phone Numer:
01233 367987
​
Address:​
​
-
75 Sir Henry Brackenbury Road, Ashford, TN23 3FJ
-
80 Churchill Square, Kings Hill, West Malling ME19 4YU
​​
Email: info@bytnar.co.uk
WHAT PEOPLE SAY
WE WORK ON PROJECTS IN KENT, LONDON AND HOME COUNTIES
OUR OFFICES ARE LOCATED IN KINGS HILL AND ASHFORD
