What are special foundation?

“special foundations means foundations in which an assemblage of beams or rods is employed for the purpose of distributing any load” In practice, this means that any foundation that includes any form of metal reinforcement is deemed to be a special foundation through the eyes of the Act.

What does a party wall surveyor do?

A party wall surveyor provides a specialist role in resolving disputes between neighbours under the Act. Party wall surveyors have a duty to the Act rather than to the individuals appointing them and they resolve matters in dispute in a fair and practical way.

How does the Party Wall Act work?

The Party Wall act prevents building work by one neighbour that can undermine the structural integrity of shared walls or neighbouring properties. It is designed to avert and resolve potential disputes with neighbours before building work is started.

Can Party Wall Act be applied retrospectively?

The Party wall Act includes no provision for notices to be served or awards to be made retrospectively. In previous cases, the courts have confirmed that work can be authorised retrospectively but only if the surveyors feel that it is capable of being authorised – that won’t be the case if it has caused damage.

What is a party wall in construction?

In real estate terminology, a party wall is a shared wall that separates two separately rented or owned units. Party walls are most commonly found in apartments, condominiums, hotels, and office complexes, where different tenants will share a common structure.

What happens if my Neighbour ignores the Party Wall Act?

However, if an adjoining owner does not respond, then you may appoint a Party wall surveyor to act for the adjoining owner. The Party Wall Act allows you to do this without having any further discussion with a neighbour. An adjoining owner cannot rescind the appointment, as it is binding.

What happens if Neighbour refuses party wall?

If you ignore a party wall notice or do not reply within the given time frames the neighbour who issued the notice can begin the dispute resolution process by requesting in writing that you appoint a party wall surveyor within 10 days, otherwise they will do so on your behalf.

Who is liable for party wall damage?

Damage caused by notifiable works under the Party Wall etc Act 1996, to a neighbour’s (adjoining owner) property is referred to as party wall damage and in most cases, the onus lies upon the building owner to make good or compensate for damage.

Can my Neighbour refuse party wall agreement?

Can a neighbour refuse a party wall agreement? Neighbours affected usually have 14 days to respond to the notice. They can either give their consent or they can refuse to agree and are then deemed to be in dispute. Your neighbours may issue a counter-notice in which they stipulate certain alterations to the works.