Party Wall etc. Act 1996 Flashcards
Who is an Owner under the Act?
The Owner includes the person, company or body:
Holding the freehold title
Holding a leasehold title for a period exceeding one year
Under contract to purchase such a freehold or leasehold title
Entitled to receive rents from the property
This applied to both Building Owner and Adjacent Owner
From the Act:
“(a) a person in receipt of, or entitled to receive, the whole or part of the rents or profits of land;
(b) a person in possession of land, otherwise than as a mortgagee or as a tenant from year to year or for a lesser term or as a tenant at will;
(c) a purchaser of an interest in land under a contract for purchase or under an agreement for a lease, otherwise than under an agreement for a tenancy from year to year or for a lesser term;”
What is an Adjoining Owner?
The Owner includes the person, company or body:
Holding the freehold title
Holding a leasehold title for a period exceeding one year
Under contract to purchase such a freehold or leasehold title
Entitled to receive rents from the property
What are the timescales under the Party Wall Act?
What are the two types of party wall under the act?
Party Wall Type A - A wall which forms part of a building and which on lands of different owners to a greater extent that the projection of any artificially formed support on which the wall rests and
Party Wall Type B - So much of a wall not being a wall referred to in paragraph a above as seperates buildings belonging to different owners
e.g. Type A straddles the land and Type B is on one side but is used by the other owner.
How is the party wall process initiated?
By serving a party wall notice
What is the party wall act?
Who is a building owner under the party wall act?
Building owner is a owner of land who is desirous of exercising rights under this Act
Who is an adjoining owner under the Party Wall act?
Any owner and any occupier of land, buildings, storeys or rooms adjoining those of the building owner and for the purposes only or section 6 within the distances specified in that section
How is the Party Wall process concluded?
By issuing a Party Wall Award
