Party Wall & Neigbourly Matters

Here at R.Tag..

we think with the objective of making the most efficient use of land and maximising development potential whilst minimising cost and risk, it is essential to consider surrounding properties when looking at the design of a project.

Early advice is vital to resolving and mitigating problems that can otherwise lead to major areas of planning risk and severely hamper the development prospects. Our in-house team of specialist surveyors provides a full consultancy service as early as the pre- acquisition and feasibility stage, progressing through planning and concept design, to on-site delivery.

We aim to highlight all potential issues and provide both practical and commercial solutions towards achieving maximum development potential and ensuring statutory compliance. We advise clients from all property sectors on small to major development schemes. We deal with all aspects of Neighbourly Matters including Crane and Scaffolding licences, Oversailing, Rights of Way, Rights of Light, Party Walls, Ransom Strips and Access to Neighbouring Land. We advise both Building Owners and Adjoining Owners; We are experienced in this specialist area and our surveyors offer expert opinion and can provide litigation support.

What is a Party Wall?

The Party Wall etc. Act 1996 covers three distinct types of work; alterations to party structures (usually walls but may also be floors), the construction of new walls at the boundary and excavation close to neighbouring properties.

These are some typical examples of work that is likely to be covered by the Act:

• Cutting beams into a party wall as part of a loft conversion.

• Removing chimney breasts that are attached to a party wall.

• Excavating for the foundations to a new extension within 3m of a neighbouring or shared structure.

• Underpinning a party wall to facilitate a basement extension

Where work falls within the scope of the Act, it is necessary for a Building owner to serve notice and obtain the affected Adjoining owner’s consent; if that consent is not forthcoming the parties are deemed to be ‘in dispute’ under the Act and surveyors must be appointed so that the dispute can be resolved by way of a Party Wall Agreement (technically called an ‘Award’). If the two appointed surveyors fail to agree upon any of the issues in dispute, they can make a referral to a previously selected Third Surveyor.

R.TAG has a team of experienced party wall surveyors to administrators the Act. So, if you are planning on undertaking work that falls within the scope of the Act or have received a notice informing you of proposed works that may affect your property, you are welcome to contact us for some advice on 0121 221 2246, via email or by completing the contact form.

What is a Right to Light?

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