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A party wall, an integral part of many buildings, has stirred lots of neighborly disputes. However, many of these disagreements could be avoided with a clearer understanding of what a party wall is, the responsibilities it entails, and how to resolve disputes that could arise. This article aims to reveal these critical areas of party wall management.
Exactly what is a Party Wall?
A party wall is really a shared wall that divides the buildings of two separate owners, commonly found in semi-detached or terraced houses. The wall can stand on the land of 1 owner but serve as a separation between two properties. It is also a wall that stands entirely using one owner's land but is used by two (or even more) owners to separate their buildings.
Along with walls, the word "party wall" also covers:
Floors and ceilings between flats or apartments
Shared boundary walls, including garden walls
Excavations near neighboring properties
Understanding the Party Wall Act
In England and Wales, the Party Wall Act 1996 offers a framework for preventing and resolving disputes involving party walls, boundary walls, and excavations near neighboring buildings. The Act grants rights to both the building owner (the person carrying it out) and the adjoining owner (the neighbor).
Before any construction work commencing, the building owner must give the adjoining owner notice. The type and amount of notice vary with regards to the work's nature. If the adjoining owner agrees to the task, the process usually continues smoothly. However, if they dissent or neglect to respond, the Act provides mechanisms to solve the dispute.
Rights and Responsibilities
The Party Wall Act offers numerous rights to the building owner, including:
The right to focus on an existing wall
The right to build up to or astride the boundary line
The right to excavate foundations near neighboring buildings
However, these rights include responsibilities. The building owner must not cause unnecessary inconvenience. Check our website are also liable for any damage due to the work, even if the work is otherwise lawful.
Website: https://faulknersurveyors.co.uk/party-wall-agreement-reading/
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