Party Wall Access to Undertake Party Wall Works: Everything You Should Know |
Posted: February 19, 2020 |
It is a common occurrence where a certain portion of a property is co-owned by two owners. In such a scenario, in case the need for any construction work arises, the owner must have access to his neighbor’s land. The Party Wall etc. Act gives a landowner just that, as long as two important qualifiers are satisfied; the work being performed must be along the guidelines of the act and the access must be necessary. Any work which is mentioned as being notifiable in sections 1, 2 and 6 of the Party Wall etc. Act are said to be ‘in pursuance of the act’.
Such tasks include Party Wall Work such as excavating the foundation of a party wall being constructed, constructing the wall, or demolition or rebuilding of old party walls. The Party Wall etc. Act does not provide any accessibility right to the owner for construction works close to the boundary, such as raising a boundary wall. For all other tasks the adjoining owner receives a Party Wall Notice.
It can be quite problematic for the adjoining owners to come to an agreement about what is necessary, and the conditions where the right to access is applicable. As per the Party Wall etc. Act, any Party Wall Work which can be completed without access, at the expense of spending more time or money, does not come under the party wall agreement and will not receive the right to access. For instance, while construction of an adjacent wall, it might suit the owner to put up a sign and use the extra space. But the Party Wall Agreement does not provide accessibility in such instances.
As per the Party Wall Agreement, the accessibility Party wall notice comes with a 14-day notice period. This can be extended or shortened by agreement. The party policy can also be served in advance to ensure a swift and timely commencement of the work along with getting the access permits associated with it. The terms and conditions of access is agreed upon by the adjoined owners in presence of a surveyor and is confirmed in the Party Wall agreement. This might include steps like relocation of plants, setting up temporary sign boards, etc.
When the right of Party Wall Access is established as per the Party Wall Agreement, the adjoining must comply with the party wall notice and provide accessibility and cause no hinderance in the work. If this is not followed, or if the owner faces any kind of resistance, the section 8 of the Party wall etc. Act permits you to forcefully get access to the property, in the presence of a police constable or any other law enforcement official.
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