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Legislative Compliance

Party Wall Advice

The Party Wall Etc Act 1996 applies to building works adjoining or adjacent to existing structures in England and Wales only, which superseded the 1936 Act, which applied to London only. The purpose of the Act is to ease the construction process to provide a framework for building owners and developers to undertake works, whilst protecting the interests of the affected adjoining owner(s).

Works to a party wall separating buildings; a boundary wall separating land or works within a certain proximity of adjoining buildings will necessitate a Party Wall Award being agreed by surveyors acting for both or all parties. The building works are then implemented in accordance with the Award, which frequently involves the preparation of schedules of condition to review retrospectively whether any damage took place as a result of the building works.

Any diversions or non-compliance with the agreed framework of the Award can have a significant impact on the progress of building operations, particularly if an injunction is obtained.

Fitzpatrick Property Consultants can act for developers and building owners in issuing notices, preparing and agreeing schedules of condition and agreeing awards. We also act for adjoining owners in receiving notices and agreeing awards and ensuring that all obligations under the act are complied with. We can also act as Third Surveyor, where disputes arise.

In the absence of legislation in Scotland, schedules of condition are frequently prepared by developers and agreed with surveyors for adjoining owners as a precautionary measure. In addition, oversailing agreements are desirable where the air space above adjoining properties is utilised by the developer.

Fitzpatrick Property Consultants objective is to ensure the smooth progression of a building contract in accordance with the terms of a Party Wall Award or under common law in Scotland.

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