What is the party act?
The act provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
Who is affected by the act?
Anyone proposing to carry out work anywhere in England or Wales which falls into the following categories:
- Works to be carried out directly to an existing party wall or structure.
- New building at or astride the boundary line between properties.
- Excavation within 3 or 6 metres of a neighbouring building(s) or structure(s), depending on the depth of the hole or proposed foundation.
What is a party wall?
The Act recognises two main types of party wall, and anyone to whom these apply.
A wall is a 'party wall' if it forms part of a building and stands astride the boundary of land belonging to two (or more) different owners.
The wall separates buildings and either a) stands astride the boundary of land belonging to two (or more) different owners, or b) stands wholly on one owner's land, but is used by two (or more) owners to separate their buildings. Where one person has built the wall in the first place, and another has butted their building up against it without constructing their own wall, only the part of the wall that does the separating is a 'party wall'.
What is a party fence wall?
A wall is a 'party fence wall' if it is a wall which is not part of a building, that stands astride the boundary line between the land of two different owners, and is used to separate those lands (e.g. a garden wall). However, this does not include things such as wooden fences.
Who pays your fees?
In almost all cases, our fees will be met by the party carrying out the works (i.e. the Building Owner).
If we are acting on your behalf as Adjoining Owner's Surveyor, you will not ordinarily be put to any cost, as our fees are met by the Building Owner.
How much do you charge?
Our fees vary, depending on the extent of the works and the number of neighbouring properties that are affected by the works. Please feel free to contact us so that we can make a more detailed assessment of your case and provide you with a quote.
Can the act be used to resolve a boundary dispute?
No. The Act does not contain any provision that could be used to settle a boundary line dispute.