Why bother with the Party Wall etc. Act 1996?
Most people are appreciative that neighbouring building work and it's inherent inconvenience are part and parcel of owning a home.
Unfortunately few are unaware that for certain type of building work there is a legal obligation to notify a neighbour prior to commencement pursuant to the Party Wall etc Act 1996 and on occasion a eager homeowner or indeed their builder commence work without any due consideration for a neighbouring owner, until perhaps they cause damage or perhaps need access to neighbouring land to undertake work.
These works as are those works by definition will have a direct impact on a neighbouring property and in many instances works that would otherwise without regulation via the Act be deemed Trespass and or Criminal Damage, which is against the Law!
'Dear Judge, Please stop my neighbour from wrecking my home.
Injunction Granted!'
Why is the Party Wall Act important?
Complying with the Party Wall etc. Act 1996 is crucial for several reasons, all of which aim to protect the rights and interests of both building owners and adjoining property owners. Here's why it's important to adhere to the Act:
Legal Requirement
The Act is a legal framework that governs the construction or alteration of party walls, boundary walls, and certain types of excavations near neighbouring properties. It is a statutory requirement in England and Wales for specific types of building work, and failure to comply can lead to legal consequences, including potential injunctions and or claims for damages.
Avoiding Disputes
By following the Act's procedures and serving the necessary notices, you can minimise the risk of disputes with your neighbour's. The Act provides a structured and transparent process for communication between building owners and adjoining owners, ensuring that all parties are aware of the proposed work and its potential impact prior to commencement of work.
Protection of Neighbour's Rights
The Act is designed to protect the rights of an adjoining property owner. Complying with the Act ensures that you consider your neighbour's interests, give them due notice of your intentions, and provide them with an opportunity to raise any concerns they may have about the proposed work.
Clear Rights and Responsibilities
The Act defines the rights and responsibilities of both building owners and adjoining owners concerning party walls and other relevant structures. By complying with the Act, you establish clear guidelines for access to neighbouring properties, the prevention of damage, and the resolution of any disputes that may arise.
Mitigating Potential Liabilities
Failure to comply with the Act can lead to claims for damages resulting from negligence or unauthorised work. By following the Act's procedures and obtaining the necessary agreements, you reduce the risk of potential liabilities and associated financial costs.
Maintaining Good Neighbourly Relations
At TK Surveying Group, Experts in Party Wall, we feel this is probably the most important aspect of adhering to the Act. Complying clearly demonstrates you acknowledge and respect for your neighbours' property and interests and can go along way to help maintain positive relationships with them and foster a cooperative and harmonious living environment.
We hope you found this article useful. For any questions, of if you Need Help or advice in regard to your party wall situation, Feel free to get in touch. Initial consultations are always free.
Call us on 0800 689 0404 / 0208 243 8981
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