Definition
A Party wall is a wall that stands astride the boundary of land belonging to two (2) or more owners.
To do by the developer
Where any construction involves a Party wall, the developer is expected to do the following:
- give notice to the owner(s) of the adjoining property of intention to build and describe the intended work at least 1 (one) month before the commencement of the construction;
- obtain the adjoining owner’s consent in writing prior to commencement of construction;
- carry out the construction in a way that the integrity of the adjoining structure is not affected;
- engage competent professionals to carry out structural surveys of properties within the project site and ensure actual pictures are taken for record purposes.
Contents of the notice
The Notice to be given to the owner(s) of the adjoining property will state:–
- the name and address of the developer;
- the nature and details of the proposed construction; and
- the date on which the proposed construction would commence;
The Developer who intends to carry out the construction shall appraise the buildings around the site before and after the construction with the signing off of a registered engineer.
The owner, who has been notified and does not respond to the notice within the period of fourteen (14) days beginning from the day on which the notice was served will be deemed to have consented.
Settling a dispute
Where a dispute arises or is deemed to have arisen between a developer and the adjoining owner/developer in respect of any matter connected with any party wall,
- both parties shall concur to the appointment of one (1) Land Surveyor; or
- each party shall appoint a Land Surveyor and the two (2) Surveyors so appointed shall select a third Land Surveyor to settle the dispute.