A no-jargon guide to the Party Wall Act (cont/d)
Other rights and recourses
Neighbours don't respond / won't co-operateThe Act allows for the appointment of a surveyor to act on their behalf - even if they won't co-operate. This cannot be a shared 'agreed' surveyor.
Access to the neighbouring property
For some works you'll need to be able to get to both sides of the wall (eg to make good brick work or for surveying purposes). The Party Wall Act provides for this, requiring adjoining owners (or occupiers) to allow you / your builders, etc access. You must give 14 days notice of your intention to exercise these rights.
Adjoining owners rights
- Not to suffer unnecessary convenience
- To be compensated for loss or damage
- The right to appoint their own surveyor
- To have reasonable measures taken that are necessary to protect their property from foreseeable damage
- To ask for Security of Expenses prior to work starting. This is a deposit to guard against them being left in difficulties should work cease at a premature stage.
Stopping Work
Under the Party Wall Act, adjoining owners cannot prevent someone from exercising their rights given to them by the Act. So, in effect, work that is reasonable and structurally sound, cannot be prevented. Only the timing and how work is done can be influenced to ensure minimum inconvenience and maximum peace of mind.Page 1: Introduction and applicability
Page 2: Party Wall Process
More info on the Party Wall Act
The Party Wall etc Act 1996: Explanatory Booklet (PDF) - a comprehensive guide, including proforma letters for giving, and responding to, a notice.Party Wall Guide to Chimney Stack Removal - Cambridge Council's guide for those intending to remove a chimney on a wall shared with a neighbour. Equally applicable to all of England.