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Internal Alteration / Refurbishment

Constructing an internal structure adjacent to an existing wall is taking place. The Party Wall Act 1996 is relevant as it applies to any work involving shared or adjoining walls between properties. Given that the property is undergoing structural changes, including adding new floors or walls, the owner must comply with the Act. The Act is designed to prevent and resolve disputes between neighbours by establishing protocols for communication, surveys, and agreements when work affects party walls, boundary walls, or excavations near neighbouring buildings.

In this scenario, one primary concern under the Party Wall Act is the structural stability of adjoining walls. Any work that may affect the structural integrity of a shared or adjacent wall requires the owner to serve notice to the neighbouring property owner(s). This notice should include details of the work, duration, and how it may impact the shared boundary. In cases where the neighbouring party consents to the work, a written agreement may suffice. However, if they dissent or express concerns, both parties would need to appoint a surveyor to assess and document the condition of the wall and manage any potential impacts through a formal Party Wall Award.

Another factor to consider is excavation near the boundary, which can affect neighbouring foundations. If the project involves digging within three to six meters of an adjoining property, depending on the depth of the excavation, the owner is required to serve a "Notice of Adjacent Excavation" under the Party Wall Act. This notice ensures that any risk of foundation disturbance is assessed and mitigated. Failure to comply with these requirements could lead to legal disputes, work stoppages, or additional costs if the neighbouring property experiences damage due to the excavation. In this case study, ensuring clear communication and following the Party Wall Act protocols can help prevent future complications and promote a cooperative relationship between neighbours.