fencing policy - web viewwhere there are specific health and safety concerns with regards to...

POLICY DOCUMENT

Group Member: Progress Housing Groupb04fd699-e447-4df4-a60d-93f472610adb

Service Area: Property Services7f4c0883-bf7e-4e0e-8e2f-fc443b95f1cc

Document Ref No: GRPOLPS14

Subject Title: Fencing Policy

Version: 2

Effective Date: 01/10/2014

Last Reviewed: 01/11/2016

Next Review Date: 01/11/2019

Document Owner: Head of Contracts Services ＆ Operations94a0ebc6-35b0-4343-9de0-d809a250153dDate of Board Approval: 30/11/2016

ISO9001:2008 – Controlled Document

Progress Housing Groupb04fd699-e447-4df4-a60d-93f472610adb

Property Services7f4c0883-bf7e-4e0e-8e2f-fc443b95f1cc

Title: Fencing Policy

Ref No: GRPOLPS14 Reviewed: 01/11/2016 Version: 2

1. INTRODUCTION1.1 This document is intended to provide clarity as to Progress Housing

Group Limited’s (PHG) responsibility for carrying out repairs and replacement to the boundary fencing of its housing stock.

2. SCOPE OF POLICY AND PROCEDURE2.1 This policy and procedure applies to all properties owned by PHG,

including general needs, independent living and supported living stock, with the exception of the Lilac properties, which have a separate arrangement.

2.2 References to PHG throughout this document are taken to mean Progress Housing Group Limited and its subsidiary companies.

2.3 Although this document relates to fencing specifically, should the boundary structure be a wall consideration needs to be given as to whether the Party Wall Act 1996 is to apply before any works are undertaken (other than emergency works). For further guidance please refer to the fact sheet and flow chart provided in appendix 6.

3. RESPONSIBILITY3.1 PHG Legal Team – Upon receipt of an internal request, responsible

for providing legal guidance to other teams within PHG in connection with boundary maintenance responsibilities.

3.2 PHG Neighbourhood Management and Property Services Teams – Responsible for the general case management of fencing maintenance, repair or replacement requests regarding PHG general needs and independent living properties. Responsible for assessing and responding to requests received from tenants asking for new fencing to be erected within communal areas.

3.3 PHG Supported Living and Property Services Teams - Responsible for the general case management of fencing maintenance, repair or replacement requests regarding PHG supported living properties.

3.4 PHG Leasehold and Service Charge and Property Services Teams - Responsible for the general case management of fencing


Policy Document Template V3- Created by Service Development

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maintenance, repair or replacement requests regarding PHG leasehold properties.

3.5 Progress Connect will receive calls from customers and neighbours regarding fence repairs. Ascertain who has repairing responsibility from tenancy and lease documents (requesting guidance from the legal team where necessary), offer advice as to match funding if appropriate. Seek clarification on repairing responsibilities from Neighbourhoods, Supported Living, Leasehold and Service Charge Team. Raise inspection and works orders as required.

4. POLICY4.1 Unless the responsibility for a fence is clear, fences will be treated as

shared between the two properties.

4.2 Where there are specific health and safety concerns with regards to boundary fencing works, PHG will consider undertaking the works themselves regardless of responsibility and recharging those responsible for the work where possible.

4.3 Where the works are as a result of tenant negligence or damage PHG may recharge the tenant for the cost of the work. The decision to recharge or not will be made by the Housing Officer, Community Housing Officer or Supported Living Housing Officer.

5. Establishing responsibility for replacing and repairing boundary fencing5.1 Where the boundary fence belongs to PHG general needs or

independent living property the responsibility to maintain, repair and replace fences should be defined in the tenancy agreement.

5.2 Where the boundary fence belongs to a PHG leaseholder, the responsibility to maintain, repair and replace fences should be defined in the lease.

5.3 Where the boundary fence belongs to PHG supported living property the responsibility to maintain, repair and replace fences should be defined in the tenancy agreement.

5.4 In any case where the responsibility for maintaining the boundary (including fencing) is unclear or disputed then an information request



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should be submitted to the legal team who will conduct investigations into the legal title to establish boundary responsibilities for the property. Thereafter, they will provide the appropriate team with the legal options available to them in order to proceed.

5.5 The information provided by the Legal Team will include the following information;

5.5.1 Boundary ownership & maintenance responsibilities5.5.2 Suggested options to resolve where applicable5.5.3 A plan showing the extent of ownership

5.6 A copy of this information will be stored on Documotive by the Legal Team.

5.7 Where there are specific issues with planning permissions, highways, covenants etc. the legal team will provide guidance upon receipt of an information request and the matter may need to be outsourced separately.

5.8 Upon receipt of this information the operational team involved with ensure a summary of this information is saved to QL – Property Descriptions, the fields to be completed are as follows;

5.8.1 BNDL (Boundary left)

5.8.2 BNDR (Boundary right)

5.8.3 BNDF (Boundary front)

5.8.4 BNDB (Boundary back)

5.9 The information should be recorded as follows;

5.9.1 Tenant responsible

5.9.2 PHG responsible

5.9.3 Neighbour responsible

5.9.4 Tenant has joint responsibility with neighbour

5.9.5 PHG has joint responsibility with neighbour

6. PHG Specifications for fencing



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6.1 PHG Property Services have created the PHG Standard Fencing Specifications to ensure that the fencing used in PHG communities is consistent in quality and form.

6.2 This will be provided to parties undertaking fencing work and is expected to be adhered to.

7. PROCEDURE8. Repair and Replacement of fencing

8.1 Receiving a call8.1.1 When PHG is contacted regarding repairs needed to a

boundary fence, Progress Connect will confirm the repairing responsibilities by checking the tenancy agreement, lease and/or boundary information held on Documotive (if available).

8.1.2 If it is unclear as to the repairing responsibility Progress Connect will advise the caller that this matter will be investigated and the customer called back to advise. The caller will be notified that a response can take 10 working days (in a non-emergency situation)

8.1.3 Progress Connect will then raise a query with the Neighbourhoods, Supported Living or Leasehold and Service Charge Teams to confirm repairing responsibilities.

8.1.4 Any vulnerability issues should be logged at this stage, i.e. dangerous dogs.

8.2 A series of flow charts are provided at clause 11 of this document in order to summarise the repairing responsibility of the following scenarios;

8.2.1 Request for advice from Legal Team

8.2.2 Fences erected by tenants for their own benefit

8.2.3 Leasehold properties



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8.2.4 Shared ownership properties

8.2.5 Tenanted properties

8.2.6 Scheme boundaries and communal fences

8.2.7 Supported living schemes

8.3 Generally the boundary responsibilities are as follows:

8.3.1 In the main tenants of New Progress Housing Association Limited are responsible for maintaining their boundary fences as per their tenancy agreement.

8.3.2 In the main tenants of New Fylde Housing Limited with a tenancy agreement post 2011 are responsible for maintaining their boundary fences as per their tenancy agreement.

8.3.3 For those tenants of New Fylde Housing Limited whose tenancy was signed and completed pre-2011 PHG will be responsible for maintaining fences, and also for those tenants who have signed a deed of variation which specifies such.

8.4 Where it is established that PHG retains responsibility to maintain, repair and replace the boundary fence, this will be actioned as a responsive repair.

8.5 Where it is established that the tenant retains responsibility to maintain, repair and replace the boundary fence, they will be advised of this and made aware of the possibility of being eligible for match funding (see 10).

8.6 Improvements to boundary fencing may also be eligible for match funding (see 10).

8.7 Where responsibility for repair and replacement of boundary fencing does not sit with PHG and refusal to carry out the works is a breach of tenancy or lease, PHG will take relevant action.

8.8 If the Neighbourhoods, Supported Living or Leasehold and Service Charge Teams are unable to confirm repairing responsibilities they will send a web form to the Legal Team requesting advice.

8.9 Once the repairing obligations are identified if PHG have repairing responsibilities or repairing responsibilities are not able to be identified Progress Connect will raise an inspection visit for Property Services on Ql.



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8.10 Once instructed Property Services will action the following:

8.10.1 When the inspector visits the property they will record the details of the existing boundary, including walls, fences and hedges.

8.10.2 If PHG are responsible Property Services will request that Progress Connect raise the appropriate repair on Ql.

8.10.3 If PHG is partly responsible for repairs with a neighbouring property (not owned by PHG) or if the repairing responsibilities are silent with a neighbouring property (not owned by PHG) Property Services will hand deliver a letter to the private owner requesting they provide two quotes for work. A sample of the standard form of letter is attached at appendix 1.

8.10.4 Upon receipt of the quotes Property Services will check the quotes and if satisfied will write to the private owner to agree to their carrying out the works and PHG funding 50% of the cost. A copy of the standard form of the agreement of the quote letter is attached at appendix 2.

8.10.5 Once Property Services are advised that the work is completed they will carry out an inspection to ensure the standard is satisfactory. When this is established Property Services will issue a good will letter to the private owner offering to pay 50% of the costs previously agreed. A copy of the standard form of the goodwill letter is attached at appendix 3.

8.10.6 Once the good will letter is signed and returned Property Services will request a cheque be raised.

8.10.7 If the private owner does not provide the requested quotes the initial request for quotes will be resent.

8.10.8 If the private owner still does not provide the requested quotes Property Services will issue a formal notice letter advising that they intend to undergo the works and re-charge the private owner the relevant proportion of such costs, as well as advising whether access to the private owner’s land is required for such works. A copy of the standard form of notice is attached at appendix 4.



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8.10.9 When the work is completed Property Services will request an invoice is raised and sent to the private owner for payment.

8.10.10 If the private owner requests a quote from Property Services to carry out the repair work a quote will be issued. A copy of the standard form of letter for providing the quote is provided at appendix 5.

8.10.11 Should PHG cause any damage to the neighbouring land then this will be made good at PHGs expense.

9. Erecting new fences9.1 Tenants who wish to erect new fencing must request permission

from PHG to put fencing in place where none is currently in place. PHG will consider the request on a case by case basis.

9.2 Upon receiving an information request the legal team will provide details of the boundary and Property Services will advise on where the fencing is to be installed i.e. on the correct boundary line.

9.3 Tenants will be advised in writing of their responsibility for future maintenance and replacement.

10.Tenant Improvement and Match Funding10.1 The tenant match funding scheme is designed to help tenants

improve their homes. It provides an opportunity for tenants to receive 50%, with a maximum of £500 contribution from PHG, to help fund home improvement works subject to certain conditions. Refer to PHG Tenant Improvement and Match Funding Policy for more details.

11. DIY Repairs Scheme11.1 The DIY Repairs scheme is designed to provide an incentive to

tenants to carry out defined repairs to their home. Refer to PHG DIY Repairs Scheme Policy for more details.



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12. Flow Charts



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13. Void Works13.1 PHG will undertake repair or replacement works to fencing when the

property is void according to the PHG Lettable Standards, which state that;

13.1.1 Boundaries should be marked by fencing, wall, hedges or bushes unless the property shares communal gardens.

13.1.2 Broken or sagging fencing will be repaired where possible or replaced.

13.1.3 Where garden gates are present, these should open and close with functioning mechanisms.

13.1.4 Broken gates will be repaired where possible or replaced.



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13.1.5 Where the reason for works to be carried out is due to a lack of maintenance, depending on the previous tenant’s tenancy agreement, the cost of the work will be recharged to the outgoing tenant.

13.1.6 Where the works are due to reasonable wear and tear PHG accepts the cost of this work.

13.1.7 Where an the neighbouring property is not in the ownership of PHG, PHG will request that the property owner undertakes the work unless during the voids process the Voids Team can gain permission to carry out the fencing repairs.

13.1.8 In these cases PHG Property Services will ask the property owner provide at least two quotes for the fencing work, based on PHG Standard Fencing Specifications. The amount offered as the 50% contribution to the work will be half of one of the quotes, as appropriate.

14.ENVIRONMENTAL WORKS14.1 Each year an environmental budget is provided to enable

environmental works to be carried out. As part of this budget and through ongoing assessment and consultation with tenants, fencing works may be identified for the year.

15. REVIEW15.1 This policy will be reviewed every three years, unless changes to

legislation or working practices necessitate a sooner review.

16.EQUALITY IMPACT ASSESSMENT16.1 We welcome feedback on this procedure and the way it operates. We

are interested to know any possible or actual adverse impact that this procedure may have on groups in respect of gender, marital status, race, disability, sexual orientation, religion or belief, age or other characteristic.



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Appendix 1Our reference: Ref ???/FXXXX NPHAFencingWorksRequesting2Quotes (NPHA Property: No. X)

Date (format - 1 January 2012)

NameAddress 1Address 2Address 3Postcode

Dear

Re: Replacement of X fence panel at REAR/FRONT of No. X- (Progress’ property: No. )

I am writing following the receipt of the above information from Progress Housing Group Limited’s (“Progress”) Inspector, [name of inspector]. This has been logged as number FX.

I understand that the fence panel above is in need of replacement and [name of inspector] has instructed me to request that if you are able to obtain 2 quotations for this replacement fencing, Progress would be prepared to offer up to 50% contribution towards the repair. This is subject to Progress agreeing to one of the quotes you send us or to an independent quote obtained by ourselves. Should any offer be made by Progress this will always be subject to the completion of the works, a copy of the receipt for the works and the subsequent approval of the workmanship by one of our Inspectors.

Please note the following conditions are our standard requirements with respect to the fencing:

If you are going to arrange to install the fencing this is what we would expect installed as they are more robust and easy to obtain if anything goes wrong in the near future:-

- Fence panels to be close boarded, not larch lap panels,- Concrete base panel / kick board,



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- Concrete ' H ' section (up-right posts bedded in concrete).

If you are going to arrange to replace the fencing panel could I please also request that you obtain independent quotations from fencing contractors (i.e. not from friends/family).

I would be very grateful if you could send us the quotations for our consideration and once these have been received, we will write to you again to update you on this matter.

In the meantime, should you have any queries, then please do not hesitate to contact myself directly on [insert phone number].

Assuring you of our best intentions at all times.

Yours sincerely

[name][title]

Tel: [phone number]Email: [email address]



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Appendix 2Our reference: ???/FXXXX NPHAFencingWorksAgreedToQuote (NPHA Property: No. X)



Dear

Re: Fencing repair between No. X and No. X STREET NAME(Progress’ property is No. X)

I am writing following the receipt of the quotations from x.

I wish to advise you that Progress Housing Group Limited (“Progress”) have agreed to the quote from x (copy attached), and are prepared to offer a 50% contribution towards this cost, which amounts to £X subject to: the completion of the works; a copy of the receipt for the works; approval of the completed workmanship by one of our Inspectors.


- Fence panels to be Close boarded, not larch lap panels- Concrete base panel / kick board- Concrete ' H ' section up right posts bedded in concrete

Please could you therefore inform us when this repair has been completed and we can then arrange for an Inspector from Progress to check the workmanship. As our inspectors can get booked up a couple of weeks in advance, you can ask us to provisionally book the inspection visit in advance if you are sure of the completion date for your fencing.



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Following the inspectors visit, if the Inspector feels that the works have been carried out to a satisfactory standard, he will let Progress know. We will then send you a letter to confirm this and in the same letter offer the monies again and ask who the cheque should be made payable to. We need you to sign the form and state who to pay the cheque to and send it back to us before a cheque can be issued. Please note, it can take up to 2 weeks for the cheque to be sent from the date we receive your signed form.

We are committed to providing high quality services to our customers and if you need any further clarification on this matter, then please do not hesitate to contact the Repairs Hotline on 01772 642 181.


Yours sincerely

[name][title]




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Appendix 3Our reference: ???/FXXXX/Goodwilloffer (NPHA Property: No. X)


NameAddress 1Address 2Address 3 Postcode

Dear

Re: Replacement of X fence panel at REAR/FRONT of No. X- (Progress’ property: No. )

Further to your complaint, I can advise that Progress Housing Group Limited is prepared to offer £….with regards to your request for a contribution to the shared fencing. This is a 50% contribution towards the cost of the receipt from X (copy attached).

It should be clearly understood that this is in full and final settlement of your complaint, is made as a gesture of goodwill, and is in no way an admission of liability.

If you accept this offer, please complete and return the form at the end of this letter at your earliest convenience advising us as to whom to make the cheque payable to.

Should you have any queries, please do not hesitate to contact me.

Yours sincerely

[name][title]




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Acceptance

[F /GoodwillOffer, Address]

Address: ............................................................................................

Title:………… First Name:……………………… Surname:…………………………………….

I hereby accept the offer of……………….. which I understand is in full and

final settlement of my complaint. I further accept that this is made without

prejudice, as a gesture of goodwill and is in no way an admission of liability on

the part of Progress Housing Group Limited.

Please make the cheque payable to

……………………………………………………………………...

........................................................................................... ................................................Signed by Date

...........................................................................................Print Name



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Appendix 4Our reference: ???/FXXXX/NFHFencingWorks (NFH Property: XX)



Dear

Re: Replacement of fence panels between No. x and No. x (Progress’ property: No. x)

I am writing to you as you have not responded to my previous letter dated x regarding the above.

As explained in my previous letter, our Inspector has advised us specifically that the following are needed:

x 'H' shaped concrete posts, x concrete kick boards, and x No 1500 x 1800 close boarded slot in panels – INSERT WHATEVER MARK ANDANAR/DAVE SMITH HAS EMAILED US

We strongly urge you to replace these fence panels by xxxx. If you do carry out the works yourself we would be happy to offer a 50% contribution towards the repair but you would need to obtain and send us 3 independent quotes for this replacement fencing first. Thereafter, Progress will review the quotes provided and confirm agreement. Should the quotes not be agreed then Progress will obtain an independent quotation and prvode you with the detail for agreement. Any agreement for Progress to contribute is subject to the



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completion of the works, a copy of the receipt for the works and the subsequent approval of the workmanship by one of our Inspectors.


- Fence panels to be Close boarded, not larch lap panels,- Concrete base panel / kick board,- Concrete ' H ' section up right posts bedded in concrete.

If you do not carry out the works yourself, then please take this letter as notification that we will carry out the replacement of X fence panels between your property and ours at No. X as below and we will invoice you half the costs which we estimate to be as detailed below.

Work to be carried out & costs:

X rear/front fence panels at £xxx plus VAT per fence panel:

£xx plus VAT

Total estimated cost: £xx plus VAT

Estimated amount to be invoiced to you: £xx plus VAT

The works would be carried out by either ourselves or given to one of our contractors. For further details please contact the Property Services Division based at Progress Housing Group Ltd., Progress House, Lancashire Business Park, Centurion Way, Leyland, Lancashire, PR26 6TZ.

Progress [has an anticipated start date for the works of x (weather permitting)]OR [ / our contractor will be in touch to confirm your start date.]

Subject to contingencies and weather permitting, the anticipated completion date is 2-3 weeks from commencement of the works.

Contact Point :



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In the first instance, myself, ??? – telephone number : ????. I would be grateful if you could please respond to me directly about this matter within the next 14 days.

I look forward to hearing from you.

Yours sincerely

[name][title]




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Appendix 5Our reference: ???/Fxxxx (NFHFencingWorksAgreedToQuote (NFH Property: No. xxxx)

DATE

Address

Dear

Re: Replacement of XXXXXXX fence panel at REAR/FRONT of XXXXXXX- (Progress’ property: No. XXX )

Thank you for speaking to me today about the boundary fence between yourself and Progress’ property at XXXXXXXX that has been damaged by the storms recently.

I am happy to confirm that we will carry out the works required (renewing no.XXX fence panels and no.XXX concrete posts) if you are willing to contribute £XXXXX (including VAT). If you are willing to do so please can you sign the form attached and send it back to me at your earliest convenience? I will then authorise for the works to go ahead and this can be scheduled appropriately.

I must advise you though that it may be a couple of months before we can start the works but following your acceptance we could plan it in. We would contact you before we start the works and should you have any queries in the interim please do not hesitate to contact us.


Yours sincerely

[name][title]




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Acceptance

[FXXX/Goodwilloffer. Address , our property, Address of ours XXXXXXXXXXX]

Address: ............................................................................................

I hereby accept the offer of Property Services to carry out the fencing works

between my property and XXXXXXXX which I will then pay £XXXXX towards

in full at the end of the works. Once the works are completed an invoice will

be sent to me.

Please make the invoice payable to

Title:………… First Name:……………………… Surname:…………………………………….

Invoice Address is different from correspondence address:

………………………………………………………………………………………………………….

........................................................................................... ................................................Signed by Date

...........................................................................................Print Name



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Appendix 6

Party Wall Boundary Responsibility - Fact Sheet (Party Wall etc. Act 1996)

What is a ‘Party Wall’ in the context of boundaries?

The most common type of party wall in the context of boundary responsibility is what is known as a ‘party fence wall’. This is a wall that stands astride the boundary of land belonging to two or more different owners and is used to separate those pieces of land.

The repair, maintenance, building and re-building of such boundaries is governed by the Party Wall etc. Act 1996 (“the Act”) which is summarised below in relation to this type of boundary structure.

Despite the reference to the word ‘fence’, a ‘party fence wall’ does not include wooden fences or hedges. These are not ‘party walls’ and do not fall within the scope of the Act

Does the Act change who owns the boundary?

No – if you are unclear about boundary ownership responsibility please contact the legal team who can investigate the title and provide advice & support.

The legal duties under the Act before undertaking any works



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What? You must inform all adjoining owner(s).

How? 1. It is recommended that as a first step discussions take place with adjoining owner(s) to reduce the risk of any disputes arising.

2. Issue a Notice to the adjoining owner(s). There are no official forms for giving notice under the Act but the Notice must include the following information and be served on the adjoining owner by post or in person:

Date A statement confirming that this is a Notice under the Act Reference to the Group company which owns the property

(e.g. PCHA / NPHA / NFH / PHG) – please contact the legal team if you require confirmation on this;

Relevant contact officer’s details at PHG; The address of the property the Notice relates to; Reference to the owner of the adjoining property – if you are

unsure of the name of the owner please ask the legal team for assistance

A full description of the proposed works (this should include specification/scope of works, proposed duration of works, materials to be used, specifications, costs, apportionment of costs any available plans etc.);

When works are proposed to start (which must not be before the required notice period has elapsed);

A template notice can be found [link to be inserted] and should you have any queries on such please contact the legal team in the first instance.

What if the adjoining

If the adjoining property is empty then the notice should be attached to a conspicuous part of the premises.



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property is empty or rented?

If the adjoining property is rented out the Notice may be addressed to the owner or it can be passed to a person residing at the adjoining property.

When can works start?

Any Notice must be issued at least two (2) months before starting work on a party wall.

The adjoining owner(s) may agree to allow works to start early but are not obliged to do so.

A notice is valid for a period of one (1) year.

What happens next?

A person who receives a Notice of your intended work may:

Give his/her consent in writing; or Provide details of why they disagree to your proposed works,

in writing – this is known as a counter notice and if the adjoining owner intends to serve a counter notice we should be informed;

Do nothing.

Within 14 days from the service of the Notice at least an acknowledgement must be received from the adjoining owner, otherwise it will be classed as a dispute under the Act. If a counter notice is to be issued then as well as acknowledging the Notice the adjoining owner should advise you of their intention at this point also.

What if I start work on a ‘Party Wall’

If you start work without first having given notice this can lead to neighbour disputes, delay in repairs being carried out and ultimately the adjoining owner(s) may seek to stop your proposed works



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without serving a notice?

through a court injunction or seek other legal redress.

What do I do if I receive a counter notice?

A counter notice must be served within one (1) month of serving the Notice, setting out what additional work or modified work they believe should be carried out.

A counter notice should be responded to within 14 days otherwise a dispute is deemed to have arisen.

You can either agree or disagree with what is being proposed. If you disagree with the work that is proposed you must explain why. This will give the adjoining owner the opportunity to consider your objections and if necessary amend his or her proposals, thus avoiding a dispute arising.

What if a dispute arises?

It is recommended that the best way to resolve a point of disagreement is by way of friendly discussion and any agreements reached should be put in writing.

If agreement cannot be reached, the next step is to agree with the adjoining owner(s) on the appointment of an “Agreed Surveyor” to reach a decision (although if one joint surveyor cannot be agreed each party can appoint their own, although this would be more expensive). Their duty is to resolve matters in dispute in a fair and practical way.

The decision of the ‘Agreed Surveyor’(s) is final and binding unless it is amended by the Court by way of the appeal process. Each owner has 14 days to appeal to the County Court against an award should they feel that the surveyor’s award is fundamentally wrong.



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The surveyor will decide who pays the fees and who pays for the works.

General principles under the Act

Who pays for the building works?

The party who initiated the work usually pays for the works if they are solely for their benefit. However, there are cases where the adjoining owner may pay part of the cost, for example:

Where work to a party wall is needed because of defects or lack of repair for which the adjoining owner may be responsible (in full or part);

Where an Adjoining Owner requests that additional work should be done for his or her benefit in the counter notice.

Access to neighbouring property

Under the Act, any adjoining owner and/or occupier must, when necessary, allow access to your workmen, surveyor or architect etc., as necessary to enable them carry out works or resolve a dispute in pursuance of the Act only. Fourteen (14) days notice of such access must usually be given.

It is an offence, which can be prosecuted in the magistrates court, to refuse entry to or obstruct someone who is entitled to enter premises under the Act.

What about other types of ‘Party Wall’?

This fact sheet concentrates on this single type of party wall and so should you require any advice on other types of party wall (e.g. a wall separating the structure of 2 x buildings or excavation works close to a boundary) please refer to the legal team for further advice or an explanatory booklet is available from the www.gov.uk website by clicking on the following hyperlink:



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http://www.gov.uk/





https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/393927/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf



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