Building Owners
How Does the Act Affect Me?
The purpose of the Act is primarily designed to provide a framework for resolving issues relating to various building works without the need of incurring expensive legal action between neighbours. The Act assists and protects both the ‘Building Owner’ in conducting their works and the ‘Adjoining Owner’ who may be affected as a result of the works.
Whilst the Act does enable works to proceed without hindrance, it can seem a daunting prospect for many, when having to discuss with a neighbour matters such as how and when the works are to be carried out, how access will be arranged, and, in some instances, how compensation and expenses for inconvenience or damage caused will be calculated.
At Essex Party Wall Surveyors, we understand the concerns many Owners may have and can offer a professional, impartial service acting as intermediaries between all parties.
Who Is an Adjoining Owner?
Section 20 of the Party Wall Act 1996 describes a Building Owner as:
“An Owner of Land Who Is Desirous of Exercising His Rights under This Act”
What Are Your Rights?
Under the Act, the Building Owner is the person undertaking the proposed works and can be a freeholder or a leaseholder with a lease of more than one year. Should any element of the works fall within the scope of the Act, the Building Owner is required by Law, to serve the appropriate statutory notices on all those defined under the Act as Adjoining Owners.
It should be noted that failure to serve notice will result in the Act not being invoked. If you are therefore proposing to undertake any notifiable building works under the Act, you will have a legal obligation to formally notify your neighbour of your intentions.
Typical examples of works that would fall under these areas could be, but are not limited to:
Examples of Work
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Extensions
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Loft Conversions
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Demolition of Party Walls
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Underpinning of Party Walls
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Repairs to Party Walls
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Raising of Party Walls
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Insertion of Damp-Proof Courses in Party Walls
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Demolition and Re-Building of Party Walls
Further Information for Building Owners
While it is possible for a Building Owner to serve the appropriate notices themselves, it is extremely important that they contain the correct information and detail and failure to do this could deem the notices invalid. It is therefore recommended that advice is sought from an experienced party wall surveyor. If this is the chosen route, you are welcome to contact us for free initial advice.
For further information, please click here and download our Flowchart.
