We are Party Wall Surveyors specialising in party wall problems in UK. We have over twenty 5 years experience of working in UK, acting for experts, services, in addition to for people.
Each short is distinct, and our devoted team of party wall property surveyors is experienced in dealing with all manner of concerns associating with party walls. We are proud to offer a bespoke service to match the varying requirements of our clients.
This site is designed to offer fundamental details as well as using you the chance to contact us directly with your issues and requirements, thus enabling our specialist Party Wall Surveyors to recommend you appropriately.
The current legislation dealing with party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or structures (consisting of piled structures).
Our group of Faulkners Surveyors Party Wall Surveyors provides a special specific niche service, which allows you to have the very best quality service at competitively priced fees.
For additional information contact one of our Faulkners Surveyors Party Wall property surveyors on 03300100262.
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 and so on. Act 1996 is an enabling Act, insofar as it approves the owner of a residential or commercial property the legal right to undertake particular works that might otherwise constitute trespass or problem.
It likewise looks for to secure the interests of adjoining owners from any potentially adverse impacts that such works might have by imposing a requirement that all adjacent owners be provided prior notification of them.
In addition, the Act attends to a compulsory dispute resolution procedure moderated by a statutorily selected surveyor or property surveyors if neighbouring owners have issues about the application of any proposition so notified.
Particularly, such notice should be served where the owner of a property (called ‘the building owner’) means to undertake any building work explained in Sections 1, 2 and 6 of the Act. Note that it is only 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 new wall at a boundary that is not already built on.
- Area 2 issues existing party structures, which include party partitions, walls and floorings (that separate structures or parts of structures), party fence walls (basically a boundary wall in between lands in separate ownership which is developed astride a limit) and, in some instances, a neighbour’s independent residential or commercial property.
- Section 6 can apply to excavations approximately 6 m away from a structure or structure on neighbouring land, subject to depth requirements which the Act sets out.
The information that Sees should provide in regard of works covered the above sections is different in each case. The requirements of Section 1 and Section 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. It is important to note that the validity of any notification not supplying all the relevant information or served in the incorrect manner, could be open up to challenge in Court.
There is no standard type of Notification although lots of people utilize those released by the RICS or variations appended to the explanatory pamphlet provided by the Department for Communities and City Government. Nevertheless, supplied all the info required by the pertinent section of the Act is present, a simple letter would be equally legitimate.
Depending upon the situations of any offered project there might be more than one adjacent owner on whom notice requirements to be served in respect of the very same work and, in the case of deep excavations, an Adjacent Owner may be besides an immediate neighbour. It is always more suitable to discuss the desired works with adjacent owners prior to serving them with formal written notification – a proposal well explained may ease issues sufficient to prevent a dispute developing and avoid the requirement to select property surveyors.
There are 2 exceptions where the need to serve notice might be avoided:
- De minimis works: The government’s explanatory pamphlet says that some deal with a party wall might be so minor that service of notification under the Act would be typically regarded as not required and give as examples works unlikely to impact the structural strength or assistance functions of a party structure or trigger damage to the neighbours side of it, such as re-plastering, shallow chasing for electrical wiring or placing power sockets, and screws to support shelves, kitchen area cabinets, and the like.
- Works under Area 2 of the Act offered that written consent is gotten from all Adjacent Owners and Occupiers before work commences.
The 3 kinds of Notification are known, respectively as:
- Area 1: Line of Junction Notice
- Area 3 (for S2 works): Party Structure Notice
- Section 6: Notice of Adjacent Excavation
A party structure notice need to be served at least two months prior to the date on which it is proposed to start that work. The other two notices must be served at least one month prior to work starting.
The obligatory info which Sees need to consist of are as follows:
- Line of Junction Notice:
- A sign of the structure owner’s desire to construct a wall.
- A description of the wall.
- Party Structure Notification:
- The name and address of the structure owner.
- The nature and particulars of the proposed work.
- The date on which the proposed work will start.
- Notice of Adjacent Excavation:
- A sign of the building owner’s propositions.
- A declaration as to whether the structure owner proposes to underpin or otherwise strengthen or safeguard the foundations of the structure or structure of the adjacent owner.
- Accompanying areas and plans revealing: a) the site and depth of any excavation the structure owner proposes to make; b) if he proposes to erect a building or structure, its site.
Most of the pro-forma notices in use consist of the following details as a matter of course no matter the type of notice:
- The date of the notice.
- If various), the name and addresses of both the building and adjoining owners (and the addresses of the properties being worked on/affected.
- A statement regarding the start of works relative to the suitable notice duration.
- If the recipient actively dissents from the works or fails to react within 14 days, an advisory note explaining what occurs.
Section 10 of the Act states that where an adjoining owner does not permission in writing to works alerted by the structure owner under Areas 3 and 6, both celebrations must either settle on the appointment of a single property surveyor to act for both of them (known as the Agreed Property Surveyor), or each appoint their own surveyor, to identify by award matters in dispute in between the celebrations.
Where a job is straightforward, this may just include consideration of the time and manner in which those works are to be performed. In more complex schemes, thought will need to be given to a commensurately greater number of aspects and undoubtedly appointed property surveyors have the statutory jurisdiction to make an award in respect of any matter gotten in touch with any work to which the act relates.
The very same procedure is utilized to deal with any subsequent disputes in between neighbouring owners that might develop in relation to the informed works, including any loss or damage suffered by an adjacent owner as a result of their execution.
Inactiveness on the part of the adjoining owner does not halt the statutory procedure. A conflict can emerge by an adjoining owner actively dissenting, that is, communicating to the building owner an objection in respect of some matter occurring out of or incidental to the works – the methods of making that objection are trivial, but if he remains silent, neither dissenting nor consenting for a period of 2 week after having actually been served with a Notice under either Section 3 or Section 6, the Act considers a dissent to have actually arisen in any event.
There is no considered dissent arrangement in Area 1 of the Act. A legitimate conflict can still develop, and property surveyors be selected in accordance with Area 10, in regard of works alerted under that section however just as concerns real dissent on particular premises. An adjoining owner’s reasons for contesting Section 2 and Section 6 works are seldom specified prior to the consultation of property surveyors and in many cases not even then.
Where dissent has developed, whether actual or considered, both owners are lawfully required to appoint an agreed surveyor or, if they can not collectively settle on a bachelor, a surveyor each and if requested to make such a visit by the other party, must do so within 10 days of the request being served. Failure to comply, automatically gives the owner making the request the statutory authority to select a surveyor on behalf of the recalcitrant party. This treatment is set out in section 10( 4) of the Act.
Where two property surveyors are selected, they are required to agree upon the choice, in composing, of a 3rd surveyor who may be hired by either of the property surveyors or either of the parties to identify the contested matters and make the necessary award. The third property surveyor is never selected by anyone but the Act offers the person so chose the same statutory powers as the two surveyors.
Third property surveyors are most frequently called upon where the two surveyors have actually reached a deadlock in their deliberations over some particular point and often this can be in regard on the reasonableness of the fees of the property surveyor appointed by the adjacent owner. Hardly ever will a third property surveyor be asked to prepare an award in respect of the whole works however may join with one or other of the two surveyors to do so if the need develops.
There is no definition of who can be a property surveyor, but it must not be the same individual 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 evaluation of the works to ensure that they abide by the works, and who will spend for the works. They will usually be needed to pay the charges and the cost of the works if the work is entirely for the advantage of the structure owner.
If they disagree with the award, celebrations have 14 days to appeal to the county court.
The Act enables access to the adjacent home for the purposes of carrying out the works whether the adjacent owner gives permission or not, however they should be given 2 week notification.
NB: The intro of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 indicates that from 6 April 2016, notices and other documents can be served by electronic communications.
The details that Discovers should supply in respect of works covered the above areas is different in each case. The requirements of Area 1 and Area 6 Notices are set out in those sections however the requirements of a Notice relating to Section 2 works is set out in Area 3 of the Act. A legitimate conflict can still develop, and property surveyors be selected in accordance with Area 10, in respect of works alerted under that area but just as regards real dissent on particular grounds. An adjacent owner’s reasons for challenging Area 2 and Area 6 works are hardly ever specified prior to the visit of property surveyors and in many cases not even then.
Where dissent has actually emerged, whether real or deemed, both owners are lawfully obliged to designate an agreed property surveyor or, if they can not jointly concur on a single individual, a property surveyor each and if requested to make such a visit by the other party, must do so within 10 days of the request being served.
Around the Web