Buying a Property? Don’t Forget About The Party Wall Act 1996
Party wall if it is created with reference to some time period, it means it is permanent. The party wall if it is created according to some agreement, it means it will last as long as the agreement is there. The party wall ceases to exist if the agreement is declined by either of the parties.
Does a party wall agreement move when buying a property?
No, a party wall agreement does not automatically transfer to new owners:
Party Wall Awards
These belong to the original parties and do not pass on to new building owners. If a building changes ownership, the award becomes invalid, requiring the new owner to initiate the process anew.
Consent
The Party Wall Act does not specify the transferability of consent. Usually, consent is seen as specific to the seller, necessitating the buyer to seek permission afresh.
Rights and obligations
These are individual and do not bind to the land, thus each situation should be evaluated independently.
The manner it is used:
As already discussed a party wall is a mutual agreement between two property holders, each owner can use it autonomously. A party wall should be constructed according to a certain depth. There is a party wall surveyor who can use his authority independently. There has to be some kind of agreement in order to use a party wall to make a window by either of the property holders.
A party wall can be used by the property holder to make fireplaces or chimney flues. The lower part of the chimney flue is located wholly in the other part of the wall, while the upper part can cover only semi region of the adjoining wall.
Destruction:
By no means, can either of the owners remove the party wall, but if there is decay or some accident such as a fire breakage, then either of the owner can remove the wall. Party wall act as we can see is an important act for property owners.