If you are planning to do it construction works and your property lies adjacent to properties owned by others, do you require access to their property in order to carry out the works? Ordinarily, accessing another’s property without their consent is considered trespass. However, the works may fall into the Party Wall etc. Act, which provides access rights under Section 8 of the Act which would commonly be trespass under common law.
This legal agreement is formally known as the Party Wall Award under the Party Wall Act 1996.
You may have access rights under the Party Wall agreement in the following cases:
- If the act permits a notice with an intent of undertaking works
- If a neighbour allows that work under the authorisation of the Party Wall Award
- There is a notice given for at least 14 days in line with Section 8 of the Act.
The time period and the intensity of the conditions and access must be in compliance with the neighbour, and a Party Wall Notice must determine it.
It is offensive when a neighbour obstructs access, under the Party Wall Act Notice, you can under the Act imposes access when with a Police officer present. A scaffolding license is not needed if there is a right to access coming under the Act.
What is a Party Wall Surveyor?
According to the Act, the surveyor acts as the moderator between the two parties and makes sure that everything goes according to the legal formalities and implications. In other words, fair implementation of the Party Wall Notice comes under the responsibility of the Party Wall Surveyor.
It is important for considering that when a surveyor gets the task, they need to act in a highly unbiased way. This can be a critical fact to absorb for some owners, and it could be attractive for an owner to dismiss the party wall act surveyor; however, it is not possible under the act. As a Party Wall Surveyor gets appointed, he cannot get withdrawn unless the appointed declares himself as not capable.
When Is There a Need to Find a Party Wall Surveyor?
If you believe your neighbour might not consent to the planning, it is better to find a Party Wall Surveyor, where there is a notice served, and even though you can easily find template notices, it is important to consider if there is a lack in the proper information available or service as these will not be valid. As a result this may prolong the process and even involve reserving notices at a later date with the 14 day period restarting.
Do you need access to your neighbour’s land for your works? Want to know more about your rights under the Party Wall etc. Act? Do you need to find a Party Wall Surveyor in London? Contact Seven One Associates to get help and support on how the works will be affected by the Party Wall Act. You can contact us if you have any further concerns or queries.