If you are a Building Owner planning to carry out building works on your property that might be covered by the Party Wall Act we would strongly recommend that you have your plans checked by a suitably qualified and experienced party wall surveyor before work starts.
The Building Owner must tell their neighbours if you want to:
- Build on or at the boundary of your two properties
- Work on an existing party wall or party structure
- Excavate below and near to the foundation level of their building or structure
Your neighbour can’t prevent you from making changes to your property that are within the law. However, they can affect how and when your works are carried out.
Failure to follow the provisions of the Party Wall Act may result in the works being unlawful and risks an application for an injunction to stop you from continuing the works. The Courts take a dim view of those who fail to comply with the notice obligations and statutory regime of the Party Wall Act, whether deliberately or through ignorance, as we set out in a previous article.
If you need guidance on whether the Act applies to the work you are planning send us the plans. Our surveyors will check the proposed work and clarify whether it comes within the scope of the Party Wall Act.
We can produce a schedule of the condition of the neighbouring properties, to ensure that you are not held responsible for any pre-existing defects which can otherwise become expensive.
We can advise you of your rights under the Party Wall etc Act.Ensure all controls are in place to minimise the risk of damage to your property.Monitor the building works and identify any damage to your property.Note, under the Act, the developer is required to pay our fees on your behalf.
If you have a requirement for Party Wall Act Advice, from our extensive experience we are able to offer the following services:If you are the building owner and are carrying out building works. We undertake every project working hard to the highest standards and you can be rest assured of the best party wall advice from a UK firm of leading party wall surveyors.
This is a specialist area of experience for Modrics Surveyors. Remember, the Party Wall Act is a facilitative law, intended to enable you to do the work you want, not to prevent it the works fro being undertaken. Once we have reviewed your plans we would try to identify any possible problems. Once we have confirmed the fee to you and you have formally appointed us by letter, the process starts.
If you have a requirement for Party Wall Act Advice, from our extensive experience we are able to offer the following services:If you are the building owner and are carrying out building worksWe undertake every project working hard to the highest standards and you can be rest assured of the best party wall advice from a UK firm of leading party wall surveyors. This is a specialist area of experience for Modrics Surveyors.Remember, the Party Wall Act is a facilitative law, intended to enable you to do the work you want, not to prevent it the works fro being undertaken.Once we have reviewed your plans we would try to identify any possible problems. Once we have confirmed the fee to you and you have formally appointed us by letter, the process starts.
It is key that the Notices served to your neighbour are valid.
Firstly land registry checks are made on the adjoining property to ensure that the correct owners names are obtained for the Notices. We recommend you speak to your neighbour early on to let them know that notices are being processed.
Once the Notices have been served, they should appoint their surveyor. In due course a record of the condition of their property is taken so that any damage caused can be easily identified.A Party Wall Award document is then prepared, detailing the works, any precautions that must be taken and any other issues relating to the work.The works proceed and the condition is then checked upon completion.
