Definitions
Party Wall
A wall which either:
- Forms part of a building and stands on lands belonging to different owners, or
- Part of a wall that separates buildings belonging to different owners.
Party Fence Wall
A wall which does not form part of a building but stands on lands belonging to different owners, such as a garden wall. It does not include a timber fence.
Building Owner
A person that is proposing to undertake construction works, and who is either the freeholder or has a lease for longer than one year.
Adjoining Owner
A person or company who is either the freeholder or has a lease for longer than a one year of the property adjoining that of the building owner.
Adjoining Occupier
An occupier of the adjoining property, but who does not qualify as an adjoining owner.
Party Wall Surveyor
A person who is appointed by either of the owners to resolve any disputes that arise in connection with any work to which the Act relates.
Line of Junction
Another name for a boundary.
Notices
Written communications by the building owner informing the adjoining owner of the works he proposes to undertake;
- Section 1 of the Act concerns works involving new building at or on the line of junction, and one month notice is required before the works are due to commence.
- Section 2 of the Act concerns works to an existing Party Wall or structure and two months’ notice is required before the works are due to commence.
- Section 6 of the Act concerns excavating to curtain depths and within certain distances of the adjoining owner’s property and one month notice is required before works are due to commence.
Schedule of Condition
A written record of the condition of the adjoin owner’s property before the work starts. It should record any existing defects or damage to avoid any future dispute over whether the building owner’s works have caused any damage.
Award
A legal document prepared by the surveyor(s), consisting of the following:
- The sections of the Act that apply with the details of all parties and surveyors concerned.
- The description of the works to be undertaken.
- The rights and requirements of the two owners and the appointed surveyors.
- Particular clauses dealing with the execution of the works including any expenses and compensation etc.
- The signature(s) of the surveyor(s) and date.
An award should confine itself to work relating to the Notices and not include matters relating to any easements, covenants, planning conditions, personal matters or generally anything unrelated to the intended works.
