In simple terms a celebration wall sits astride a boundary to land belonging to several different owners and forms section of a building using one or both properties.
A wall which sits astride the boundary but will not form section of a building is really a Party Fence Wall for the purposes of the Act.
The word Party Structure is also found in the Act. A floor structure separating flats is one example of a Party Structure.
When does the Party Wall Act apply?
The Act will apply when:
Various works are completed to an existing Party Wall or Party Structure
New buildings or structures are erected around or sat astride the boundary line
Excavations are completed around 6 metres of a structure on a neighbouring property that have the potential to undermine the foundations of that structure
So the Act pertains to my works, what do I do now?
If the Act applies you will end up obliged to serve a celebration Wall Notice on your neighbour, setting out information on the works at hand and providing key information such as plans, proposed commencement dates etc. In the case of adjacent excavations you may need to provide specialist details of foundations.
You will end up obliged to give your neighbours between 1 and 2 months notice of commencement of work depending on which portion of the Act applies.
What happens if my neighbour objects to my Party Wall Notice?
Party Wall Surveys Bordesley Green offers you the right to perform various types of focus on or around the boundary line so provided your works are included in the Act your neighbour's objection cannot stop you going ahead but will mean that you are obliged to follow the Dispute procedure lay out under Section 10 of the Act.
This requires you to appoint a Party Wall Surveyor to do something in your stead. Your neighbour gets the right to appoint their own surveyor or they may agree in the appointment of a single 'Agreed' surveyor. Where two surveyors are appointed they will agree on the appointment of a third surveyor to adjudicate/referee where in fact the two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out the rights and obligations of both parties and carries a Schedule of Condition of the neighbouring property to record its condition before works start.
What is a Party Wall Agreement/Award?
That is a written document prepared by the surveyor detailing the rights and obligations of the owners. The contents are agreed by the survey and upon completion the Agreement is served on the owners.
That is a legally binding document and this can be enforced by the County Court where necessary.
Evans Jones are a team of Chartered Building Surveyors in Cheltenham, who have been dealing with the Party Wall Act since its inception in 1996. You may be dealt with by way of a specialist Party Wall Surveyor with experience of all aspects of the Act who can help you simply and clearly how best to meet your obligations under the Act.