Party Wall Advice

It is likely that you will need to comply with the requirements of the Party Wall Act if you are intending to carry out certain building works to any part of the wall or floor separating different buildings regardless of whether the buildings are residential or commercial. Also, if you intend to carry out excavations close to an adjoining owners property, then you may need to comply with The Party Wall Act. In such cases, you will need to give notice to the ‘Adjoining Owner’. Alternatively, you may be affected as a neighbour to such building works.

In a commercial situation, relevant parties would include the Landlord but might also include any tenants. The Adjoining Owners are legally entitled to seek professional assistance from their own party wall surveyor, and the ‘Building Owner’ is required to meet these reasonable fees. If you fail to give correct notice, the consequences can be huge and costly.

Works may have to be halted, which would be likely to incur you considerable costs. Solicitors may become involved, and if you have not followed the legislation correctly, you could end up footing the bill. By appointing your own party wall surveyor, you can be advised on the correct course of action, and in doing so, possibly keep future costs and disputes to a minimum.

If you are a neighbour to a building project, you may be classed as an ‘Adjoining Owner’. You should therefore receive a formal notice seeking your consent to works, from the Building Owner who is to carry out the work. If the works are ‘notifiable’, you are entitled to appoint your own surveyor to represent you and protect your interests.

The Building Owner carrying out the works should pay for the reasonable fees of this surveyor. If you are unsure about whether the works will be party wall works, please give us a call. Likewise if you receive notice from a neighbour informing you of a proposed planning application, check to see whether it will involve party walls. It could save you a lot trouble in the future.

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