Party Wall Awards Explained
At Midland Counties Surveyors, we specialize in providing comprehensive and expert guidance on Party Wall Awards, ensuring that your construction projects comply with the Party Wall Act of 1996. Our dedicated team of surveyors helps you navigate the complexities of party wall matters, safeguarding your property and maintaining good relations with your neighbours. Whether you're planning a new build, an extension, or any structural work affecting shared walls, we're here to provide the expertise you need.
A Party Wall Award is a legally binding document that sets out the rights and responsibilities of both the building owner and the adjoining owner when construction work is being carried out near a shared wall or boundary. This document is crucial as it provides a clear framework for the work being done, helping to prevent disputes and protect the properties involved. A Party Wall Award becomes necessary in various situations, such as when constructing a new wall along a boundary, cutting into an existing party wall, altering the height or depth of a party wall, removing chimney breasts attached to a party wall, or excavating near a neighboring property. Our team of experts will assess your specific project to determine if a Party Wall Award is required and guide you through the process to ensure compliance and clarity for all parties involved.
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Types of Party Wall Award
Building Owner's Award
This award outlines the rights of the building owner (the person planning the work) and the conditions under which the work can proceed. It covers the nature of the proposed work, access rights, and protective measures to be taken.
Adjoining Owner's Award
The adjoining owner's award focuses on the protections and assurances provided to the neighbouring property owner. It includes details on compensation for potential damage, the schedule of condition of the neighbouring property, and any agreed-upon access for the works.
Third Surveyor's Award
In cases where the building owner and the adjoining owner cannot agree on a surveyor, a third surveyor may be appointed. The third surveyor's award is final and binding, resolving any disputes between the two parties.
The Process of Obtaining a Party Wall Award
Serving a Party Wall Notice
The process begins with serving a Party Wall Notice to your neighbours. This notice must be provided at least two months before starting the work for a building on the boundary, or one month for excavation. We can prepare and serve these notices on your behalf, ensuring they meet all legal requirements.
Responding to a Party Wall Notice
Upon receiving a Party Wall Notice, the adjoining owner has three options: consent to the work, refuse to consent (which automatically triggers a dispute), or respond with a counter-notice. Our team assists both building owners and adjoining owners in understanding their options and rights.
Exemptions and Special Cases
Jobs That Do Not Require a Party Wall Award
Not all construction work requires a Party Wall Award. For instance, minor alterations that do not affect the structural integrity or shared aspects of a wall, like re-plastering, usually do not need one. Our experts will advise you on whether your project is exempt.
Implications of Incorrect Valuations
Failing to serve a Party Wall Notice can lead to legal complications and delays. If you proceed without the proper notice, you risk being taken to court by your neighbours. We help ensure you comply with all legal requirements to avoid these issues.
Handling Disputes and Challenges
Disputing a Party Wall Award
If you disagree with the Party Wall Award, there are formal avenues for dispute resolution. Our team will help you understand your rights and the steps you can take, including appointing a third surveyor or appealing to the county court.
Resolving Disputes through Surveyors
Surveyors play a crucial role in resolving disputes. They act impartially to protect the interests of both parties. We provide experienced surveyors who can mediate and resolve issues efficiently, ensuring fair outcomes for all involved.
Maintaining Good Neighbourly Relations
Communication and Transparency
Open communication with your neighbours is key to maintaining good relations during construction projects. We encourage transparency and clear communication throughout the process, helping to prevent misunderstandings and foster a cooperative atmosphere.
Managing Expectations and Cooperation
Setting realistic expectations and working cooperatively with your neighbours can make the process smoother for everyone. We assist in managing expectations and addressing concerns promptly, ensuring a positive experience for all parties involved.
Arrange a Party Wall Award in the Midlands
MCS assist with Party Wall Awards all over The Midlands, including the areas of:
Birmingham, Coventry, Worcester, Cheltenham, Gloucester, Oxford, Stoke On Trent, Warwick, Stafford, Redditch, Bromsgrove, Evesham and The Cotswolds
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