Two adjacent front doors in a brick building, one painted peach and the other pink, with window panes above each. The doors are framed by white trim, and two windows with curtains are visible on either side.

PARTY WALL ADVICE

Terracotta property have extensive experience acting as Party Wall Surveyors appointed under the provisions of the Party Wall Act 1996.

We provide this service for a range of clients including individuals and developers whether acting as the Building Owner’s, Adjoining Owner’s or Agreed surveyor.

The Party Wall process can be complicated, and appointment of a qualified and experience Party Wall Surveyor is essential to ensure unnecessary delays, expenses and disputes are avoided.

The Party Wall etc. Act 1996

The Party Wall etc. Act 1996 provides a framework for managing construction work that may affect party walls or neighbouring properties. The Act ensures that property owners are aware of potential disruptions and allows for the appointment of surveyors to resolve disputes. The requirements of the Act apply to all residential and commercial properties where proposed works may affect a shared boundary.

What is a Party Wall?

A party wall is a shared wall that stands on the boundary line between two properties. This wall can be part of a building or a fence and may serve various functions, such as providing structural support. The term also extends to walls that are not on the boundary but are used by both properties.

What types of work does the Party Wall Act Apply to?

The Act applies to various types of work, including:

Excavation within prescribed distances of shared or adjoining structures or walls
Building at the boundary between two properties
Any alterations to party structures or walls

Typical examples of work where the provisions of the Party Wall Act will apply include:

Loft extensions to terraced houses involving raising or cutting into the party wall, for the purpose of inserting steels or forming flashing details.
New builds, extensions or basement development where excavation within 3 or 6 metres of a neighbouring property is required for the purpose of forming foundations or flank walls.

The Party Wall Award Process

Notification: The process begins when the building owner (the person intending to carry out the work) serves a written notice to the adjoining owner (the neighbour) at least two months before the planned work. The notice must describe the proposed work and include details about the date and nature of the work.

Response: The adjoining owner has 14 days to respond to the notice. They can either agree to the works, dissent, or remain silent. If the adjoining owner agrees, the work can proceed without further issues. If they dissent or do not respond, a Party Wall Award is required.

Appointment of Surveyors: If there is a dispute, both parties must appoint surveyors. If they cannot agree on a surveyor, each party can appoint their own. The appointed surveyors will work together to draft the Party Wall Award.

Drafting the Award: The Party Wall Award outlines the rights and obligations of both parties concerning the proposed work. It typically includes details such as:

A description of the work to be carried out.
Any necessary precautions to protect the adjoining property.
Arrangements for access to the neighbouring property.
Conditions under which the work will be carried out.
Provisions for resolving disputes arising from the construction work.

Condition Survey: A key component of a Party Wall Award is the provision of a Schedule of Condition. This serves to document the condition of adjoining properties prior to the works being undertaken and is an essential reference point should claims of damage being caused by the works arise.

Implementation: Once the Party Wall Award is completed, both parties are bound by its terms. The building owner can proceed with the construction work as outlined in the Award, ensuring compliance with any stipulated conditions.

Importance of Party Wall Awards

Party Wall Awards serve several critical functions:

Legal Protection: They provide a legal framework that protects both property owners during construction activities. The Award helps to minimize misunderstandings and disputes that may arise due to construction works.

Clarity and Certainty: The Award clarifies the rights and responsibilities of each party. It helps to set expectations regarding the construction work, reducing the likelihood of conflict.

Preservation of Property Rights: Party Wall Awards ensure that the adjoining owner’s rights are considered, particularly concerning property access and potential damage.

Facilitating Communication: The process encourages communication between neighbours, fostering a better understanding of each party's concerns and needs.

Why choose Terracotta Property?

Ensuring compliance with the Party Wall Award is vital. Failure to adhere to it’s terms can lead to legal repercussions. At Terracotta, our team of experienced and qualified Party Wall Surveyors can support both Building and Adjoining owners alike. Appointing Terracotta Property will ensure that that the requirements of the Party Wall Act are fully adhered to, and all parties are protected.

We can assess proposed plans and determine who is affected and what notices are required. We can serve notices and liaise with Surveyors, complete detailed Schedules of Condition and ensure Awards are comprehensively drafted.

We can guide you through what can be a complicated process.

Our services

Terracotta Property offers a comprehensive range of services to meet diverse property needs. These include expert valuations, detailed building surveys, and professional advice on party wall matters. Their offerings also cover reinstatement cost assessments, advanced drone surveys, project management, contract administration, and dilapidations.

With a client-focused approach, Terracotta ensures reliable support and tailored solutions for every stage of property ownership and development.