The Royal Institution of Chartered Surveyors (RICS)

Chartered Surveyor

Property Survey
Keith Sanger - Fellow of the Chartered Institute of Building and RICS
Keith Sanger News
Quantity Surveying, Arbitration & Project Management Clients
The Royal Institution of Chartered Surveyors
Keith Sanger, Lymington, Hampshire, UK

Party Walls

The Party Wall Etc Act 1996 came into force on 1st July 1997. The Act repealed the London Building Act (Amendments) 1939, which had applied to Party Wall matters in London.

The Act sets out procedures which need to be followed wherever there is a proposal to carry out building work to an existing shared wall or in the vicinity of an adjacent building/structured owned by somebody else.

Before commencing building work affected by the Act, the building owner must serve written notice on all the adjoining owners affected by the works. The length of the notice period depends on the nature of the works proposed. Where the proposals are not agreed the Act sets out the procedures to be adopted to resolve matters.

Under Section 10, the parties may agree to appoint one independent surveyor (the agreed surveyor) to resolve issues in the dispute. Alternatively, and which is more likely, each party may appoint their own surveyor to resolve the dispute. If the two surveyors cannot agree, Section 10 provides the appointment of a third independent surveyor to rule on any issues which remain in dispute. The two or three surveyors, or the agreed surveyor, will resolve the dispute by making an award, The award will cover the rights of the parties to execute any work, the and manner of executing such work and any other matter arising out of the incidental.

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