Simmons Taylor Hall has an expert team readily available to provide Party Wall surveys in Kingston Upon Thames.
Our Chartered Surveyors in Kingston Upon Thames are knowledgeable experts on the Party Wall Act 1996, meaning your property development plans can be carefully considered and ultimately, executed. Get in touch for our professional advice and party wall surveys in Kingston.
The Party Wall ect. Act 1996 provides an important regulatory framework for party walls and structures between properties. As such, it is imperative that you familiarise yourself with the requirements and take necessary steps to ensure compliance before work begins on site – even if only corrective measures are being taken.
If you are planning to have any building work done to your property and it has a neighbouring house, then you may need a property wall agreement. Our experts here at Simmons Taylor Hill provide leading party wall surveys in Kingston Upon Thames.
As mandated by the Party Wall Act, if you’re a property owner in Kingston Upon Thames, you need to issue notice before beginning construction work on an existing shared wall or near your property’s boundary.
Your neighbours are required to be notified if you plan to execute any of the following actions:
1). Building new walls up to or across the line of junction.
2). Conducting works directly on a Party Wall, Party Structure, or Party Fence Wall.
3). Carrying out excavations within 3m or 6m to a depth that’s lower than the neighbouring owner’s foundations or structures.
For a smoother process, it’s recommended to talk with your neighbours before serving the notice. Neighbours who feel consulted are typically less inclined to immediately appoint a separate surveyor.
A Party Wall Notice in Kingston Upon Thames is a formal announcement served by the ‘Building Owner’ who intends to initiate construction work. This notice can be issued by the Surveyor of the Building Owner. The Party Wall Notice provides the ‘Adjoining Owner’ with the opportunity to select one of three possible responses:
1. Consent to the Party Wall Notice.
If the adjoining owner consents, they still maintain the protections granted by the Party Wall Act, which allows the building owner to continue with the proposed construction work without additional Awards. In such instances, we strongly recommend a Schedule of Condition to safeguard all parties.
2. Dissent and Appoint a Party Wall Surveyor to Represent Me.
Should the adjoining owner dissent to the Party Wall Notice, they invoke the formalities and protections stipulated in the Party Wall Act. If they choose to appoint their own Party Wall Surveyor, it mandates the building owner to also appoint a Party Wall Surveyor. The two chosen Party Wall Surveyors will then follow the procedures and reach a consensus on a Party Wall Award.
3. Dissent and Appoint a Jointly Agreed Party Wall Surveyor.
This option is similar to the second response to the Party Wall Notice. The only distinction is that one Party Wall Surveyor impartially acts on behalf of both parties.
A Party Wall stands astride the boundary of land belonging to two or more owners and either:
– Forms part of a building
– Separates two or more buildings
– or consists of a ‘party fence wall’
A ‘party fence wall’ is not part of a building but stands astride the boundary between land of different owners and is used to separate the land.
Floors or walls between flats are ‘party structures’.
Neglecting the Party Wall Act can result in severe legal consequences, expenses, and delays. If you reside in Kingston Upon Thames and your neighbour has initiated construction work without considering the Party Wall Act, you have the right to take legal action.
If a dispute arises due to your neighbour’s failure to comply with the Party Wall Act, you have the right to initiate legal proceedings against them. Courts generally take a dim view of any disregard for the statutory obligations set forth by the Party Wall Act.
One of the most significant implications of facing legal action is the financial burden. If a Building Owner has neglected their responsibilities under the Party Wall Act, they are likely to be held accountable for all the costs associated with the legal action required to halt the work and resolve the matter, which is likely to exceed the expenses of complying with the Party Wall Act.
Furthermore, the court has the authority to issue an injunction to halt any ongoing work until the dispute is resolved, resulting in substantial delays and financial losses. Interim injunctions can be swiftly granted, putting an immediate stop to the work until the Party Wall Act’s procedures are followed.