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A Step-by-Step Guide to Understanding the Party Wall Act
Friday 15th September 2023
Introduction:
Planning a construction project can be an exciting endeavour, but it's essential to be aware of the legal obligations associated with it. One such obligation is the Party Wall Act, which aims to ensure that neighbouring properties are protected during construction. In this blog, we will walk you through a step-by-step process of understanding the Party Wall Act and highlight the importance of seeking professional guidance from Tayross Associates, a reputable building consultancy with extensive experience in party wall and other building matters.
Step 1: Determine Whether the Party Wall Act Applies to Your Project
The Party Wall Act applies to various construction activities, including building on or near a shared property boundary, excavating near neighbouring properties, or modifying an existing party wall. Start by assessing whether your project falls under the Act's jurisdiction to ensure compliance.
Step 2: Serve a Party Wall Notice
If your project falls under the Party Wall Act, you are legally required to serve a Party Wall Notice to all affected neighbouring property owners. The notice should provide details about the proposed works, their potential impact, and the intended start date. Tayross Associates can guide you through the process of drafting and serving the notice accurately.
Step 3: Neighbouring Owners' Response
After receiving the Party Wall Notice, neighbouring owners have three options: consent to the proposed works, dissent, or do nothing (deemed as dissent). In the case of dissent, it is crucial to engage in open communication with the affected parties. Tayross Associates can facilitate discussions and mediate between parties to achieve an amicable resolution.
Step 4: Appointing Party Wall Surveyors
If any neighbour dissents to the proposed works, each party involved must appoint a party wall surveyor. These surveyors act impartially to protect both parties' interests and ensure compliance with the Party Wall Act. Tayross Associates can provide expert party wall surveyors who possess the necessary expertise to handle complex situations.
Step 5: Party Wall Award
The appointed party wall surveyors will prepare a Party Wall Award (also known as an agreement), which outlines the rights and obligations of all parties involved. The award includes details about the construction work, access arrangements, working hours, and any necessary safeguards. Tayross Associates' experienced surveyors will ensure that the Party Wall Award is comprehensive and fair for all parties.
Step 6: Commencement of Works
Once the Party Wall Award is agreed upon, you can proceed with your construction project while adhering to the terms outlined in the award. It is essential to maintain open lines of communication with your neighbours throughout the construction process to address any concerns promptly. Tayross Associates can provide ongoing support and guidance to ensure a smooth and successful project execution.
Conclusion:
Understanding and navigating the Party Wall Act can be a complex task. To ensure compliance and minimise potential conflicts, it is highly recommended to seek professional assistance from a reputable building consultancy like Tayross Associates. With their extensive expertise in party wall and other building matters, Tayross Associates can guide you through the entire process, from serving the initial notice to reaching a fair Party Wall Award. Remember, involving experts in your project can help you navigate the legalities smoothly and foster positive neighbourly relationships.
Here at Tayross, Carl is a Chartered Senior Surveyor with experience in Planning, Building, Surveying and Party Wall related matters. He is happy help with any questions you may have regarding the above.
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Please visit our website here for more information - www.tayross.com
