PARTY WALL Matters

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The Party Wall etc. Act 1996 was enacted in July 1997 and expanded the coverage of Party Wall legislation  to include the whole of England and Wales . Prior to this date Party Wall legislation was confined to central and Greater London under the London Building Acts (Amendment) 1939.

Nightingale Smith are expert in administering the provisions of the Party Wall etc. Act 1996 having dealt with these matters for many years and prior to inception of the current Act.

The Act enshrines the rights of an owner (the Building Owner) to carry out certain works on party walls and shared structures and excavations within close proximity to their neighbour's (the Adjoining Owner's) property subject to certain safeguards and controls to limit the inconvenience caused to the neighbour. 

In the event of a dispute arising between the owners, for example over allegation of damage, it gives the appointed surveyors authority to resolve that dispute by way of an Award which is binding on both parties and enforceable through the courts.

There is an obligation on the appointed surveyor/s  to reach their Award on an impartial basis having regard to the parties respective rights and obligations.

Whether appointed by the Building Owner or the Adjoining Owner or by both parties as Agreed Surveyor we will always help and encourage the parties to resolve any dispute between them amicably. If necessary we will however robustly defend the rights and obligations of the parties.

Unlike many of our competitors we do not delegate our professional duties to junior members of staff and all of our inspections are undertaken by fully qualified Chartered Surveyors.

• consideration of proposals and pre-notice advice

• preparation and service of Notices / consideration of Notices served

•  requesting further information from the construction team such as structural details, drainage reports, arboricultural and geo-technical surveys 

• pre-works inspection of the adjoining owner's property and preparation of a thorough Schedule of Condition to include a written report and photographic record

• drafting and finalising the Award

•  post-works inspection to resolve any claim of damage or subsequent dispute arising