Expert Witness Services:
The Party Wall etc. Act 1996 and applies to properties in England and Wales where a homeowner is;
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excavating near neighbouring buildings (e.g. when building an extension or carrying out structural alterations),
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carrying out building works to a party wall,
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or constructing new walls at boundaries.
Minor alterations like re-plastering, re-wiring, or putting up shelves or units, do not come under the Party Wall Act. In contrast, cutting into a party wall to put up a supporting beam or insert a damp-proof course, does come under the Act.
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The Party Wall Act etc. Act 1996 was not designed to hinder or restrict building works. Instead, it was designed to help people to develop properties by giving them certain rights regarding repairing and maintaining party walls. In return for these rights, before implementing them, the building owner must formally communicate their intentions to their neighbours. This formal communication is achieved via a system of notices that are served to neighbours holding legal interests in the adjoining properties.
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Because any failure to serve appropriate notice can result in legal action against you, the RICS recommends that property owners take advice from a qualified surveyor when considering any party wall works. RICS advises that only chartered surveyors (i.e. those who are ‘MRICS’ or ‘FRICS’) are instructed as surveyors under the Party Wall Act. Choosing an RICS regulated firm provides further protection.
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Knight Surveys are able to advise on Party Wall issues. ​
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To discuss your needs please telephone 0113 293 0600 or email admin@knightsurveys.co.uk.