The Party Wall Act 1996 came into force on the 1st July 1997. It applies to every type of owner of land within England and Wales with very few exceptions. The Party Wall Act affects owners of property who intend to carry out building work on or near walls separating a property from an adjoining property and owners of property adjacent to proposed building work. This may include:

• The demolition of an existing building
• The erection or extension of a building
• The alteration or refurbishment of a building
• The erection of a wall/fence on/or across the boundary

If you are an owner proposing to undertake building works, you must consider these works in relation to the Act and understand your legal duties to your adjoining owners.

You are required to serve a statutory notice either one or two months prior to commencement depending upon which part of the building is affected to your adjoining owners, and obtain their agreement to the building works prior to commencing any works which fall within the Act.

Where neighbours do not agree we are often instructed either:

1. As an independent surveyor to prepare a Party Wall Award. In this instance we are independent of all parties and our obligation/duty is to ensure the Act is applied implicitly and more importantly impartially, or alternatively;

2. If there is no agreement to appoint a single surveyor, we are instructed by one of the owners to act on their behalf in the dispute. In these cases the two surveyors appointed are required to consider the works and publish a Party Wall Award agreeing the relevant issues appertaining to the Act and the property.

The reasonable costs incurred as a consequence of the building works are paid by the person undertaking the works.

Mhp Surveyors llp advise that this form of report can be obtained at competitive fee levels from Morgan Parry at www.bapropertyconsultants.co.uk