Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every aspect required to recommend upon and resolve Party Wall problems, such as:
- Preparing and serving valid Party Wall Notices
- Acting as the Structure Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are specialists and work in accordance with the policies set down by the Faculty of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to adhere to this legislation might result in works being illegal.
Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall, also known as common wall or as a demising wall) is a dividing partition between two adjoining buildings that is shared by the occupants of each residence or business. Typically, the builder lays the wall along a property line dividing two terraced houses, so that one half of the wall’s thickness lies on each side. This type of wall is usually structural. Party walls can also be formed by two abutting walls built at different times. The term can be also used to describe a division between separate units within a multi-unit apartment complex. Very often the wall in this case is non-structural but designed to meet established criteria for sound and/or fire protection, i.e. a firewall.
Party Wall Act
The Party Wall etc. Act 1996 is a making it possible for Act, insofar as it grants the owner of a property the legal right to carry out certain works that might otherwise make up trespass or annoyance.
It likewise seeks to protect the interests of adjoining owners from any possibly adverse effects that such works might have by imposing a requirement that all adjoining owners be provided prior notification of them.
In addition, the Act offers an obligatory conflict resolution treatment mediated by a statutorily selected property surveyor or property surveyors if neighbouring owners have concerns about the implementation of any proposal so notified.
Specifically, such notification should be served where the owner of a property (called ‘the building owner’) plans to carry out any building and construction work described in Sections 1, 2 and 6 of the Act. Note that it is just those works that are covered by the Act and the scope is restricted to the following:
- Area 1 uses where it is proposed to set up a brand-new wall at a boundary that is not currently built on.
- Area 2 concerns existing party structures, which include party partitions, floors and walls (that different structures or parts of buildings), party fence walls (basically a limit wall between lands in different ownership which is constructed astride a boundary) and, in some circumstances, a neighbour’s independent home.
- Section 6 can apply to excavations as much as 6 m far from a building or structure on neighbouring land, subject to depth requirements which the Act sets out.
The information that Sees should supply in regard of works covered the above sections is various in each case. The requirements of Section 1 and Area 6 Notifications are set out in those areas however the requirements of a Notice relating to Area 2 works is set out in Area 3 of the Act. It is essential to keep in mind that the validity of any notice not supplying all the relevant details or served in the incorrect manner, could be open to challenge in Court.
There is no basic kind of Notice although many people utilize those released by the RICS or variations appended to the explanatory booklet released by the Department for Communities and Local Government. However, supplied all the info required by the relevant section of the Act is present, an easy letter would be similarly valid.
Depending upon the circumstances of any given job there might be more than one adjoining owner on whom see needs to be served in regard of the same work and, when it comes to deep excavations, an Adjoining Owner might be aside from an instant neighbour. It is constantly more suitable to go over the desired works with adjoining owners before serving them with official composed notice – a proposal well explained may minimize issues adequate to prevent a dispute occurring and prevent the requirement to designate property surveyors.
There are 2 exceptions where the requirement to serve notice may be prevented:
- De minimis works: The federal government’s explanatory brochure states that some works on a party wall might be so minor that service of notification under the Act would be usually considered not essential and give as examples works unlikely to impact the structural strength or support functions of a party structure or trigger damage to the neighbours side of it, such as re-plastering, shallow chasing for electrical circuitry or placing power sockets, and screws to support racks, kitchen cupboards, and so forth.
- Works under Area 2 of the Act provided that written consent is acquired from all Adjacent Owners and Occupiers before work commences.
The 3 types of Notice are known, respectively as:
- Section 1: Line of Junction Notification
- Section 3 (for S2 works): Party Structure Notification
- Section 6: Notification of Adjacent Excavation
A party structure notification should be served at least 2 months before the date on which it is proposed to start that work. The other two notices need to be served at least one month prior to work beginning.
The obligatory information which Notices need to consist of are as follows:
- Line of Junction Notice:
- An indicator of the structure owner’s desire to build a wall.
- A description of the wall.
- Party Structure Notice:
- The name and address of the structure owner.
- The nature and details of the proposed work.
- The date on which the proposed work will start.
- Notice of Adjacent Excavation:
- An indicator of the building owner’s propositions.
- A declaration regarding whether the building owner proposes to underpin or otherwise strengthen or secure the foundations of the building or structure of the adjacent owner.
- Accompanying areas and strategies revealing: a) the site and depth of any excavation the building owner proposes to make; b) if he proposes to put up a building or structure, its website.
Most of the pro-forma notices in use include the following information as a matter of course despite the kind of notification:
- The date of the notice.
- If various), the name and addresses of both the structure and adjacent owners (and the addresses of the residential or commercial properties being worked on/affected.
- A declaration regarding the start of works relative to the proper notification duration.
- If the recipient actively dissents from the works or fails to respond within 14 days, an advisory note explaining what occurs.
Area 10 of the Act stipulates that where an adjacent owner does not authorization in writing to works alerted by the building owner under Areas 3 and 6, both parties should either agree on the visit of a single surveyor to act for both of them (known as the Agreed Surveyor), or each designate their own property surveyor, to identify by award matters in dispute between the parties.
Where a job is straightforward, this may only include factor to consider of the time and way in which those works are to be carried out. In more complex plans, believed will need to be provided to a commensurately greater number of aspects and undoubtedly designated surveyors have the statutory jurisdiction to make an award in regard of any matter gotten in touch with any work to which the act relates.
The very same treatment is utilized to solve any subsequent disputes between neighbouring owners that might emerge in relation to the alerted works, consisting of any loss or damage suffered by an adjacent owner as a result of their execution.
Inaction on the part of the adjoining owner does not halt the statutory procedure. A dispute can emerge by an adjoining owner actively dissenting, that is, interacting to the structure owner an objection in respect of some matter emerging out of or incidental to the works – the methods of making that objection are trivial, however if he stays quiet, neither consenting nor dissenting for a period of 2 week after having actually been served with a Notification under either Section 3 or Area 6, the Act deems a dissent to have actually occurred in any event.
There is no considered dissent arrangement in Section 1 of the Act. A valid disagreement can still emerge, and surveyors be designated in accordance with Section 10, in respect of works notified under that area however only as concerns actual dissent on specific grounds. An adjoining owner’s reasons for contesting Section 2 and Section 6 works are rarely specified prior to the visit of property surveyors and in most cases not even then.
Where dissent has actually arisen, whether actual or deemed, both owners are legally required to appoint a concurred surveyor or, if they can not collectively settle on a single person, a surveyor each and if requested to make such a visit by the other party, should do so within 10 days of the request being served. Failure to comply, immediately provides the owner making the demand the statutory authority to appoint a property surveyor on behalf of the recalcitrant party. This procedure is set out in section 10( 4) of the Act.
Where two property surveyors are appointed, they are required to agree upon the choice, in writing, of a third property surveyor who may be hired by either of the surveyors or either of the celebrations to figure out the disputed matters and make the required award. The third property surveyor is never designated by anybody however the Act provides the individual so picked the exact same statutory powers as the two property surveyors.
3rd property surveyors are most commonly called upon where the two surveyors have reached a deadlock in their deliberations over some particular point and frequently this can be in regard on the reasonableness of the charges of the surveyor designated by the adjacent owner. Rarely will a 3rd surveyor be asked to prepare an award in regard of the entire works however may join with one or other of the two surveyors to do so if the requirement occurs.
There is no definition of who can be a surveyor, but it ought to not be the same person that will monitor the works.
The award will set out the works that can be performed, who will pay the costs for the preparation of the award and assessment of the works to guarantee that they adhere to the works, and who will pay for the works. They will generally be required to pay the fees and the cost of the works if the work is exclusively for the advantage of the building owner.
If they disagree with the award, celebrations have 14 days to appeal to the county court.
The Act enables access to the adjacent residential or commercial property for the purposes of performing the works whether the adjoining owner allows or not, nevertheless they need to be offered 2 week notification.
NB: The intro of The Party Wall and so on. Act 1996 (Electronic Communications) Order 2016 means that from 6 April 2016, notices and other documents can be served by electronic interactions.
The details that Observes need to offer in regard of works covered the above sections is various in each case. The requirements of Section 1 and Area 6 Notices are set out in those areas but the requirements of a Notice relating to Area 2 works is set out in Area 3 of the Act. A legitimate conflict can still arise, and surveyors be selected in accordance with Section 10, in respect of works notified under that section but just as regards real dissent on particular grounds. An adjacent owner’s reasons for disputing Area 2 and Area 6 works are rarely specified prior to the appointment of surveyors and in many cases not even then.
Where dissent has developed, whether actual or considered, both owners are legally required to appoint an agreed surveyor or, if they can not collectively concur on a single individual, a property surveyor each and if requested to make such a consultation by the other party, need to do so within 10 days of the demand being served.
Around the Web