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Rights of Access for the Building Surveyor Kingston Professional

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The Correct Advice from the Building Surveyor Kingston Professionals

For matters connected with the Party Wall etc. Act 1996, you will need to know certain information. You will need to be guided on these matters by experts. Our Building Surveyor Kingston professionals are here to help you. Party wall matters can be very complex. You will need to know your rights. You will also need to be aware of your neighbours’ rights. Guidance will be required on the conditions of the notices etc. You will see how important it is to collect the right information.

Appointing Owners

Appointing Owners

What is Party Wall?

In simple terms, a party wall divides the buildings of two owners with the boundary between ownerships usually, but not always, positioned at the centre of the wall. Please see our blogs on party walls for more information regarding this.

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Common Law and Statutory Rights

When a wall stands over the boundary of two people’s land, there are mutual easements of support. Express rights under deeds will also need to be checked. Building Surveyor Kingston professionals can help you to ascertain this information.

The Boundary

Establishing the boundary line is imperative to all party wall matters. It needs to be determined whether the wall stands on or over the boundary line. This will depend on numerous factors. Our Building Surveyor Kingston professionals have expertise in this. Some of these factors include:

  • The express terms of the conveyance and documents.
  • The lie of the land.
  • Position of structures on the ground.
  • The neighbouring parties’ intention.

This is not an exhaustive list. For more information, please contact Surveyors Surrey Kingston.

Building Surveyor Kingston Wall

Building Surveyor Kingston Wall

Section 8 of the Party Wall etc. Act 1996

Section 8 of the Party Wall etc. Act 1996 gives a right of access onto a neighbour’s land to undertake works which are covered by the Act. This could be to construct a new wall along the boundary. It could also be because notice has been served to maybe rebuild a wall. Whatever the reason for this, Section 8 needs to be adhered to. Building Surveyor Kingston professionals will explain all this to you. The building owners are dealt with under Section 8(1) of the Act.

If you would like to read more regarding Section 8, please click the link below.

https://www.legislation.gov.uk/ukpga/1996/40/contents

For all matters regarding party walls and access, Building Surveyor Kingston professionals are here to help you.

How to Exercise a Right of Access

There are a few different ways to exercise this right. It can be exercised where notice has been served with the intention of undertaking works. These would be permitted by the Act. It can also be exercised when 14 days prior notice is given. If a neighbour consents to the notice, it can also be exercised.

As will all party wall matters, this is complicated. You need to be aware of all the right information regarding this. Before proceeding with any works, please talk to our Building Surveyor Kingston professionals.

A Party Wall Award can determine the access and conditions. These must be agreed by both parties. It is actually an offence for a neighbour to obstruct these works. If you are dealing with this problem, our Building Surveyor Kingston professionals can help.

Building Surveyor Kingston Extension

Building Surveyor Kingston Extension

Scaffolding

It is interesting to note that there are rules where scaffolding is concerned. If a right of access exists under the Party Wall etc. Act, no scaffolding licence is necessary. Again, these details should be checked with your chartered surveyors. This should be done before commencing any works.

No Rights of Access

Let’s say that access is given by the Party Wall Act. This access can not be used for works that do not come within the Act i.e. fixing a gutter.

Are you needing access to your neighbour’s land to carry out maintenance? If so, you will need the agreement of the neighbour. If this is not possible, then access must be gained under the Access to Neighbouring Lands Act 1992. A copy of this can be found by following the link below.

https://www.legislation.gov.uk/ukpga/1992/23/section/1

As will all party wall matters, the Act is complex and specialist advice should be sought. Our Building Surveyor Kingston professionals are experts in this matter.

What if I want to build a new party wall?

You will need to adhere to Section 1 of the Party Wall etc. Act 1996. This will detail the relevant notices and documents you will need for this. Please see the link above for the Party Wall Act. If, for example, a new wall is built and this faces directly on to your neighbour’s land. The neighbour may be able to enter onto your land. Please take advice on all these matters. It is a very complex procedure. The correct advice and information at the beginning of these matters will save time and aggravation in the future. Our Building Surveyor Kingston professionals are experienced in all of these matters. Please contact us for more information.

Fees

There will be fees payable. The building owner will have to pay his own surveyors fees. For more information on this, please contact our Building Surveyor Kingston professionals at Prinsegate.

Guidance from Building Surveyor Kingston professionals

You will require guidance on all matters related to the Party Wall etc. Act 1996. If you are carrying out works, and are unsure of access, please contact us. Our experienced Building Surveyor Kingston professionals will give information on all matters.

Summary

To reiterate, it is very important to seek the correct information for all works. Rights of Access under the Party Wall etc. Act 1996 must be adhered to. Our Building Surveyor Kingston professionals can answer all your questions.

You can see from the above that the party wall process can be complicated.  Give us a call.  Prinsegate Chartered Surveyors and one of our specialist party wall teams in the Surrey area will deal with your every requirement.

Visit our website for additional information: https://prinsegate.com/party-wall-surveyor/

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