Party Wall etc. Act 1996
This Act will affect you if you, or a neighbour (not
necessarily your next door neighbour) are planning to carry out
construction work which will alter, demolish or build up a Party
Structure (wall, floor, roof or boundary wall or fence) or if
you or they excavate for foundations close to a neighbour's building.
You, your neighbour, and anyone else with an interest in the property
- tenants or landlords for instance - are referred to in the Act as
It requires the Service of Notices, and the appointment of Party Wall
surveyors whose role is to publish an 'Award', which ensures that
the works proposed will maintain the integrity of the Party Structure
or other structure which might be affecting building works. Party
Wall surveyors are independent of the owners and have a duty to protect
the Party Structure, not their appointing Owners' interests, which
may be different. A single Party Wall Surveyor can, therefore, act
for both neighbours.
We have been appointed Party Wall Surveyor for Owners carrying out
works, and for those who own neighbouring properties. In some cases,
we have been appointed by all of the Owners affected. In one case,
we were appointed by all five owners affected by the piling for a
city centre development, and have also negotiated, as their agent,
scaffold licenses, and crane oversailing licenses.
For small to medium sized building projects, including new build,
refurbishment and alterations, or conversion of properties, we work
closely with specialist consultants JBC Ltd. and others to provide
a service aimed at relieving building owners and occupiers of the
chore of picking their way through Local Planning policies, and the
process of getting Planning Permission, and Building Regulation Approval.
Having carefully established your requirements, we will prepare plans
for your approval and submit them for Approval, taking in and ensuring
compliance with related Statutory Controls and Regulations such as
Fire Precautions Act, Disability Discrimination Act etc. We will negotiate
with the Local Planning and Building Control Authorities, and obtain
Approvals and Permissions where possible, either as a complete task,
or as part of overall project management .
Where Planning Policies are complex, or development contentious, or
where planning Permission is refused then you may consider an appeal
or require specialist advice. We have good links with a number of
Chartered Town Planners, Traffic and Environmental Consultants, who
we can engage on your behalf to help ensure that negotiations with
the Local Planning Authority or Planning Appeals are successful.
Construction (Design &
These Regulations apply to you if you are undertaking any building
operation. 'Building operation' includes construction, cleaning, repair
alteration and demolition.
The Regulations impose liabilities on you to deal with Health and
Safety issues which arise out of the operations. It imposes liabilities
on those engaged by you to design and specify the works involved,
and, in larger projects, requires Notices to be served on the Health
and Safety Executive. It imposes requirements upon your Contractors.
The Regulations require clients to ensure that those they engage in
a project are competent at assessing Health and Safety risks, and
to appoint a Planning Supervisor, whose role is to ensure that information
on risks is passed to all members of the construction team, and that
it is acted upon by those responsible for Health and Safety of the
Far from being 'another layer of pointless red tape' the aim of the
Regulations is to prevent accidents in the construction industry -
accidents which still claim the lives of many, (114 in the last year)
and serious injury to hundreds of others employed in the Construction
industry. Accidents which often can be, and should be, avoided by
simple steps embodied by the Regulations.
On small projects, we have acted as Planning Supervisor in conjunction
with Project Management duties, and on larger projects, as separately
appointed members of the construction team.
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