As a building owner, do you intend to:
Work on an existing wall, ceiling or floor structure distributed to another property
Build on or at the boundary with another property?
Excavate near a neighbouring building or structure?
If you're planning any of these works, you must learn if the work falls within the scope of the Party Wall etc. Act 1996. The Act was introduced by the federal government in 1997, within the whole of England and Wales to modify building works to adjoining properties. It is intended to enable work to proceed while protecting adjoining owners and occupiers who may be affected by the work. Under the Act, the building owner who wishes to conduct such work must provide notification in sufficient time and in writing to adjoining owners of the proposed work. Adjoining owners can be owners or occupiers of adjacent residential, commercial and industrial land or buildings.
If you share a celebration wall, party structure or a party fence wall with another, you may well be governed by the provisions of the Act. Party walls are walls used by more than one owner, like the dividing wall between two houses. Floors between flats are party structures. https://westmidlandssurveyor.co.uk/best-party-wall-surveys-west-midlands/ can be party fence walls. Loft conversions, extensions, structural focus on a party wall such as for example removing a chimney breast, excavation close to another building or structure to a depth that exceeds that of the neighbour's foundations, or alteration to a masonry party garden wall are types of work governed by the Act.
If the Party Wall Act applies to the planned work, the building owner is obliged to serve notice on the adjoining owner/occupier. Upon written consent by the adjoining owner, the task can proceed. It is advisable to have a Schedule of Condition, which is a report of the existing condition of a building or structure, before work commences. If the adjoining owner disagrees with the proposed work, the Party Wall Act serves to resolve the dispute.
Resolving disputes
In case of a dispute between owners, the Act provides procedures for appointing surveyors who is able to resolve issues by way of an award, specifying the format to carry out the work. An award allows the building owner the proper to conduct work under the Act, while ensuring the task is done in a manner that protects the adjoining owners' interests. The surveyor may inspect the work during its progress to make sure all is being completed properly and fairly.
What you should do
Before commencing any building work, check to see if the Party Wall Act applies. Failure to comply with the Act could result in the works being unlawful. If in down consult with a qualified party wall surveyor who's ideally a member of the Faculty (FPWS), because they could have been trained to advise on party wall matters and so are bound by the Faculty's Code of Conduct.