Party Wall Surveyors
Party Wall etc. Act 1996
David Simmonds Associates have been involved in the adminstration of this legislation since its inception on 1st July 1997.
Act regulates the relationship between 'building owners' and their
neighbours, who are called 'adjoining owners', under the Act.
Act has three sections which confer rights on building owners but which
impose obligations on them if they wish to exercise those rights; these
obligations require the service of notices on adjoining owners.[Back to Home Page]
1 deals with 'New building on the line of junction'; the line of
junction being what would be commonly called the boundary.
Section 2 deals with 'Repair etc. of party wall: rights of owner'.
Section 6 deals with 'Adjacent excavation and construction'.
of these sections requires the service of notice on adjoining owners,
if certain circumstances apply.
We advise clients on the
application of the Act to their project; including the drafting and
the serving of notices, on the adjoining owners, as required by the Act.
served with a notice or notices, under the Act, if an adjoining owner
does not consent in writing, within fourteen days, a dispute is deemed
to have arisen which falls to be determined as set out in section 10
of the Act. Section 10 requires that, in the event of a dispute,
the parties must either concur in the appointment of one surveyor,
called the 'agreed surveyor', or each party must appoint their own surveyor.
The surveyors must be appointed in writing, they are stautorily
appointed, sit as a tribunal and have quasi judicial
powers. Because of their statutory role their appointment cannot be
rescinded. They determine the dispute by the making and serving,
on the parties, an award. This document sets out the rights
and obligations of the parties, what work the building owner is
authorised to carry out, the method of carrying it out and other
In the event of a dispute arising, as
defined in the Act, our Principal, David Simmonds will act
as either 'agreed surveyor', 'building owner's surveyor' or 'adjoining
owner's surveyor' and he will liaise with the other party's surveyor
to make and serve an Award on the parties under Section 10 of the Act.