Simmons Taylor Hall offers expert services that provide our customers with Party Wall surveys in Ealing. We ensure that our surveyors adhere to the Party Wall Act 1996 whenever managing party wall agreements.
Our talented Chartered Surveyors are experts in the field of property, and they can help guide you through any situation involving the Party Wall etc. Act 1996 by providing knowledgeable advice as to when it applies and which procedures should be followed. For leading party wall surveyors in Ealing, get in touch.
Staying on top of regulations is key to the success of any project, whether residential or commercial. The Party Wall etc. Act 1996 provides a crucial understanding to ensure proper procedures when it comes to party wall agreements in Ealing so that everything moves forward in an orderly fashion. It’s essential that these requirements are understood fully before beginning work – even if only minor corrections are being made!
Before any work can be conducted, formal consent, otherwise known as a party wall agreement, must be obtained from the building owner and the adjoining homeowner. This written notification displays permission is granted for either minor improvements or larger projects.
Staying compliant is crucial so that any future disputes over who is liable for problems or damage to the wall, are prevented and avoided.
As per the Party Wall Act, if you’re a property owner in Ealing, it’s mandatory for you to provide notice prior to initiating any building works on an existing shared wall or near the boundary of your property.
You’ll need to inform your neighbours if you’re planning to undertake any of the following:
1). Building new walls up to or over 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 is lower than the foundations or structures of the adjoining owner.
It’s advisable to have a discussion with your neighbours before issuing the notice. This is because neighbours who feel they have been consulted are typically less likely to immediately appoint a separate surveyor.
A Party Wall Notice in Ealing is a formal document served by the ‘Building Owner’ who wishes to undertake construction work. This notice can be provided by the Surveyor of the Building Owner. The Party Wall Notice gives the ‘Adjoining Owner’ the choice of three possible responses:
1. Consent to the Party Wall Notice.
When the adjoining owner consents, they continue to enjoy the protections granted by the Party Wall Act, allowing the building owner to proceed with the intended construction work without additional Awards. In such instances, we highly recommend establishing a Schedule of Condition to protect all involved parties.
2. Dissent and Appoint a Party Wall Surveyor to Represent Me.
If the adjoining owner dissents to the Party Wall Notice, they are enacting the formalities and protections set forth by the Party Wall Act. If they opt to appoint their own Party Wall Surveyor, it necessitates the building owner to also appoint a Party Wall Surveyor. The two selected Party Wall Surveyors will then follow the procedures and agree on a Party Wall Award.
3. Dissent and Appoint a Jointly Agreed Party Wall Surveyor.
This option is akin to the second response to the Party Wall Notice. The only distinction is that one Party Wall Surveyor impartially represents 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’.
Non-adherence to the Party Wall Act can lead to substantial legal repercussions, expenses, and hold-ups. If you’re living in Ealing and your neighbour commences building work whilst ignoring the Party Wall Act, you are entitled to pursue legal recourse.
Should a disagreement arise between you and your neighbour due to their failure to adhere to the Party Wall Act, you possess the right to initiate legal proceedings against them. Typically, courts take a negative view of any disregard for the statutory duties imposed by the Party Wall Act.
One of the most significant fallouts of facing legal action is the incurred cost. If a Building Owner has not fulfilled their responsibilities under the Party Wall Act, they are likely to be held accountable for all the costs of the legal action aimed at ceasing work and resolving the dispute. These costs will probably exceed the expenses of adhering to the Party Wall Act itself.
In addition, the court can issue an injunction to halt any ongoing work until the dispute has been settled, resulting in considerable delays and financial losses. Interim injunctions can be granted rapidly, stopping the works immediately until the procedures specified by the Party Wall Act are followed.