Why does it exist, when is it relevant, and who does it apply to?

 

The Act relates to certain defined categories of building work. It requires those intending to carry out such work (Building Owners) to notify the owners of any adjoining properties (Adjoining Owners) before it commences.

 

The intention of the Act is to protect the interests of both parties, whilst ensuring works proceed lawfully.  The Act lays down procedures that must follow the service of notice, the nature of which will be determined by the Adjoining Owner’s decision to either consent or dissent.

 

The procedure is triggered by serving notice and is usually followed by the completion of a schedule of condition.   In the event of a dispute arising, the process of negotiating, agreeing and serving an award allows works to proceed.

 

Categories of work

 

Building work covered by this legislation is in the following broad categories:-

(a) Work affecting existing party walls.  (Party Structure Notice).

(b) Construction of new party walls or boundary walls.  (Line of Junction Notice).

(c) Excavations within 3 metres of and deeper than the foundations of an Adjoining Owner’s building or structure. (Three Metre Notice).

(d) Excavations within 6 metres of an Adjoining Owner’s building or structure which will cut through a plane drawn down at 45º towards the Building Owner’s new building from the intersection of the base of the Adjoining Owner’s foundation with the outer face of their external wall. (Six Metre Notice).

 

What is An Award?

 

An Award is a binding agreement between the Owners and prepared by the party wall surveyor(s).  It permits works to proceed, details the notifiable work and regulates the timing and execution of the works.

 

Who pays for what?

 

The costs associated with party wall work are almost always borne by the Building Owner. Under some circumstances, where the Adjoining Owner benefits from the proposed work, or where they require the Building Owner to include additional work for their benefit, they will be obliged to contribute towards the costs.