We are Party Wall Surveyors specialising in party wall issues in UK. We have more than twenty five years experience of operating in UK, acting for professionals, companies, in addition to for people.
Each quick is distinct, and our dedicated group of party wall surveyors is experienced in handling all manner of issues connecting to party walls. We are proud to offer a bespoke service to match the differing needs of our customers.
This website is created to offer standard details along with using you the chance to contact us straight with your requirements and problems, therefore allowing our professional Party Wall Surveyors to encourage you accordingly.
The present legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or foundations (including stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors provides an unique niche service, which allows you to have the very best quality service at competitively priced costs.
For more details contact one of our Faulkners Surveyors Party Wall 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 allowing Act, insofar as it grants the owner of a residential or commercial property the legal right to carry out particular works that may otherwise make up trespass or problem.
It likewise looks for to protect the interests of adjoining owners from any possibly unfavorable effects that such works might have by enforcing a requirement that all adjacent owners be provided prior notice of them.
In addition, the Act attends to a necessary disagreement resolution treatment moderated by a statutorily designated property surveyor or property surveyors if neighbouring owners have issues about the application of any proposal so alerted.
Specifically, such notice should be served where the owner of a property (known as ‘the structure owner’) plans to undertake any building and construction work explained in Sections 1, 2 and 6 of the Act. Keep in mind that it is only those works that are covered by the Act and the scope is limited to the following:
- Section 1 applies where it is proposed to set up a brand-new wall at a boundary that is not currently built on.
- Section 2 concerns existing party structures, that include party floorings, walls and partitions (that different buildings or parts of buildings), party fence walls (essentially a border wall between lands in separate ownership which is constructed astride a limit) and, in some instances, a neighbour’s independent property.
- Section 6 can apply to excavations approximately 6 m away from a building or structure on neighbouring land, subject to depth requirements which the Act sets out.
The details that Sees need to offer in respect of works covered the above areas is various in each case. The requirements of Area 1 and Section 6 Notifications are set out in those areas however the requirements of a Notification connecting to Section 2 works is set out in Section 3 of the Act. It is very important to note that the validity of any notice not providing all the relevant details or served in the inaccurate manner, could be open up to challenge in Court.
There is no standard form of Notification although many people use those published by the RICS or versions added to the explanatory brochure issued by the Department for Communities and City Government. Nevertheless, supplied all the details required by the appropriate area of the Act exists, a basic letter would be similarly valid.
Depending upon the scenarios of any provided task there may be more than one adjoining owner on whom notice requirements to be served in regard of the exact same work and, in the case of deep excavations, an Adjoining Owner may be aside from an immediate neighbour. It is constantly more effective to discuss the desired works with adjoining owners before serving them with official written notification – a proposition well explained might reduce issues enough to prevent a conflict arising and prevent the need to select surveyors.
There are two exceptions where the requirement to serve notice might be avoided:
- De minimis works: The federal government’s explanatory brochure states that some works on a party wall may be so small that service of notification under the Act would be normally regarded as not required and give as examples works not likely to affect 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 inserting power sockets, and screws to support shelves, cooking area cupboards, and the like.
- Functions under Section 2 of the Act offered that composed approval is acquired from all Adjacent Owners and Occupiers before work commences.
The three types of Notice are understood, respectively as:
- Area 1: Line of Junction Notice
- Section 3 (for S2 works): Party Structure Notice
- Area 6: Notification of Adjacent Excavation
A party structure notice need to be served at least two months before the date on which it is proposed to start that work. The other 2 notifications must be served a minimum of one month prior to work starting.
The obligatory info which Discovers need to include are as follows:
- Line of Junction Notice:
- An indication of the building 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 begin.
- Notification of Adjacent Excavation:
- An indication of the structure owner’s propositions.
- A statement regarding whether or not the structure owner proposes to underpin or otherwise reinforce or protect the structures of the structure or structure of the adjacent owner.
- Accompanying areas and strategies revealing: a) the website and depth of any excavation the building owner proposes to make; b) if he proposes to put up a building or structure, its website.
The majority of the pro-forma notices in use consist of the following information as a matter of course despite the type of notice:
- The date of the notification.
- The name and addresses of both the structure and adjacent owners (and the addresses of the properties being worked on/affected if various).
- A declaration as to the commencement of works relative to the suitable notification period.
- If the recipient actively dissents from the works or fails to respond within 14 days, an advisory note explaining what happens.
Area 10 of the Act states that where an adjacent owner does not consent in writing to works informed by the building owner under Areas 3 and 6, both parties need to either agree on the appointment of a single property surveyor to act for both of them (known as the Agreed Property Surveyor), or each designate their own property surveyor, to identify by award matters in dispute between the parties.
Where a task is straightforward, this may just involve factor to consider of the time and way in which those works are to be performed. In more complex plans, thought will have to be provided to a commensurately greater number of factors and undoubtedly designated property surveyors have the statutory jurisdiction to make an award in regard of any matter connected with any work to which the act relates.
The same treatment is used to fix any subsequent conflicts in between neighbouring owners that might emerge in relation to the alerted works, including any loss or damage suffered by an adjoining owner as a result of their execution.
Inactiveness on the part of the adjacent owner does not halt the statutory process. A conflict can arise by an adjoining owner actively dissenting, that is, communicating to the structure owner an objection in regard of some matter emerging out of or incidental to the works – the methods of making that objection are not important, however if he stays silent, neither dissenting nor consenting for a period of 2 week after having been served with a Notice under either Area 3 or Area 6, the Act deems a dissent to have occurred in any event.
There is no deemed dissent provision in Area 1 of the Act. A legitimate conflict can still occur, and surveyors be designated in accordance with Section 10, in regard of works informed under that section however only as concerns real dissent on particular grounds. An adjacent owner’s reasons for contesting Section 2 and Section 6 works are hardly ever defined prior to the consultation of property surveyors and in most cases not even then.
Where dissent has actually emerged, whether real or considered, both owners are lawfully obliged to designate an agreed surveyor or, if they can not jointly settle on a single person, a surveyor each and if asked for to make such a visit by the other party, should do so within 10 days of the demand being served. Failure to comply, automatically offers the owner making the demand 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 2 surveyors are appointed, they are required to agree upon the choice, in writing, of a 3rd surveyor who might be hired by either of the property surveyors or either of the celebrations to identify the disputed matters and make the required award. The third surveyor is never ever designated by anybody but the Act gives the individual so picked the same statutory powers as the two surveyors.
3rd property surveyors are most typically called upon where the two surveyors have reached an impasse in their deliberations over some specific point and frequently this can be in regard on the reasonableness of the costs of the surveyor selected by the adjoining owner. Seldom will a 3rd surveyor be asked to draw up an award in regard of the entire works but may join with one or other of the two property surveyors to do so if the need develops.
There is no meaning of who can be a surveyor, but it must not be the same individual that will supervise the works.
The award will set out the works that can be performed, who will pay the charges for the preparation of the award and assessment of the works to make sure that they abide by the works, and who will spend for the works. If the work is solely for the benefit of the structure owner, then they will typically be needed to pay the fees and the cost of the works.
Parties have 2 week to interest the county court if they disagree with the award.
The Act permits access to the adjoining property for the purposes of performing the works whether the adjoining owner gives permission or not, however they need to be provided 2 week notice.
NB: The introduction of The Party Wall and so on. Act 1996 (Electronic Communications) Order 2016 means that from 6 April 2016, notifications and other files can be served by electronic communications.
The information that Observes should provide in respect of works covered the above areas is different in each case. The requirements of Area 1 and Section 6 Notices 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. A legitimate conflict can still occur, and surveyors be selected in accordance with Section 10, in regard of works alerted under that area however only as relates to real dissent on specific premises. An adjoining owner’s reasons for disputing Area 2 and Section 6 works are hardly ever defined prior to the consultation of property surveyors and in many cases not even then.
Where dissent has actually arisen, whether actual or deemed, both owners are lawfully required to appoint an agreed property surveyor or, if they can not jointly concur on a single individual, a property surveyor each and if asked for to make such a consultation by the other party, must do so within 10 days of the demand being served.
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