Party wall problems? Here are some tips: Party walls usually separate buildings belonging to different owners but could include garden walls built astride a boundary – known as party fence walls. Where a wall separates two different size buildings often only the part that is used by both properties is a party wall, the rest belongs to the person or persons on whose land it stands. The “etc” within The Party Wall etc Act 1996 is so included because the provisions of the Act are not limited to party walls, they also include party structures and party fence walls. Section 20 of the Act defines each: “party fence wall” means a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner the artificially formed support of which projects into the land of another owner; “party structure” means a party wall and also a floor partition or other structure separating buildings or parts of buildings approached solely by separate staircases or separate entrances;

Party wall matters can cause a delay to the project, so this should be considered reasonably early in the design stage. Depending on the notice required you may need to inform your neighbours up to 2 months prior to your proposed start date. If the project is complex it may take some time for the surveyors to come to an agreement, or several awards may be required. The act does provide various mechanisms for non cooperation including non communication of adjoining owners and their surveyors, however there are also rights of appeal and referral to a third surveyor if necessary.

If your neighbour consents then that is the end of the matter as far as The Party Wall Act is concerned although to protect yourself you may wish to arrange for a schedule to be taken on their property to identify its existing condition. This will ensure that any existing defects are recorded and not wrongly attributed to your work later. If your neighbour chooses not to consent in writing then the next decision to be made is whether 1 or 2 surveyors are appointed. The Act allows for an ‘Agreed Surveyor’ and you are free to put forward the name of your surveyor for their your neighbours consideration although you should not put any pressure on them to concur in his appointment.

Ok so I should never serve notices myself? Actually that is not what we are saying we are just saying weigh up what it could potentially cost you if you get it wrong and if you don’t really understand what your doing its probably cheaper and easier to get a Party Wall Surveyor to do it for you. We have provided DIY templates in the notices section at the top of the website for you to easily fill out if you know what you are doing these are based of Facility of Party Wall Surveyors documents and include our details for easy appointments should you need a party wall surveyor. Should you need an expert Party Wall Surveyor Kent or generally on party wall matters please don’t hesitate to contact us on 01843 808184 or email us at info@home-heroes.co.uk or use our contact form on the website. See extra details on Party Wall Surveyor Whitstable.