The Faulkners Surveyors is a professional Chartered Building Surveying Practice that operates throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall and so on. Act 1996 and provides the following services:
Objective recommendations on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjacent Owners or Building Owners
Acting as the Agreed Party Wall Property Surveyor
Carrying Out Schedules of Condition surveys
Preparation and settlement of Party Wall Awards (Arrangements).
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.
THE PARTY WALL ACT 1996- A NEWBIES GUIDE
We appreciate that many people wanting to carry out deal with their property have the requirements of The Party Wall Act thrust upon at a fairly late stage in the pre-construction process. We also comprehend it can be a challenging procedure for those that have not experienced it before. Here in Faulkners Surveyors, among our senior surveyors, provides his “newbies guide” which aims to supply an outline understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Act?
The Party Wall etc Act 1996 offers a procedure to follow when developing work involves a party wall or party fence wall, some excavations near to neighbouring buildings, and new walls at borders. The Act allows owners to carry out certain specific works, consisting of work to the full density of a party wall, whilst at the same time securing the interests of anyone else who might be affected by that work. The Act is designed to prevent or reduce disputes by making certain homeowner alert their neighbours in advance of certain proposed works.
The Act supplies a mechanism for solving disagreements and making it possible for works to continue. It also needs that, where the adjoining owner does not ‘agree’ in writing to the works, a surveyor or property surveyors will determine the time and way in which those works are carried out.
What is a party wall?
Party walls typically separate buildings belonging to different owners however might consist of garden walls developed astride a boundary– known as party fence walls. Where a wall separates 2 different size buildings often just the part that is used by both properties is a party wall, the rest comes from the person or persons on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so included because the provisions of the Act are not restricted to party walls, they likewise consist of party structures and party fence walls.
Area 20 of the Act specifies each:
” party fence wall” means a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be utilized for separating such adjoining lands, however does not consist of a wall built on the land of one owner the artificially formed assistance of which jobs into the land of another owner;
” party structure” indicates a party wall and also a floor partition or other structure separating structures or parts of structures approached entirely by separate staircases or different entrances;
What is covered by the Act?
There are particular items of work that you can just be done after alerting the adjoining owners and either getting written arrangement of the neighbour or with a Party Wall Award prepared by a surveyor/s.
Notifiable works consist of (but are not restricted to):.
- cutting into a wall to take the bearing of a beam, for instance for a loft conversion.
- placing a wet proof course, even if only to your own side of a party wall.
- raising a party wall and, if required, cutting off any items preventing this from happening.
- demolishing and rebuilding a party wall.
- underpinning a party wall or part of a party wall.
- weathering the junction of adjacent walls or structures by cutting a flashing into an adjacent building.
- excavating foundations within 3 metres of a neighbour’s structure and lower than its foundations.
- excavating foundations within 6 metres of a neighbour’s structure and listed below a line drawn down at 45 ° from the bottom of its foundations.
Notices are likewise needed if it is proposed to develop a brand-new wall on the line of junction (boundary line). A party wall surveyor will typically have the ability to validate which work is notifiable and advice the notice duration and kind of notice required.
What is not covered by the Act?
The Act relates just to particular specific kinds of work and is permissive in nature. It should not be seen as a method of objecting to or avoiding works and it is not intended to be applied to small jobs that do not impact the structural stability or loading of a party wall.
It is generally concurred that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not need a notification.
The functions of the Act are always prompted by the of issuing notices. This is the first stage of the procedure and, without the problem of legitimate notices, no further action can be taken under the provision of the Act.
Composed notice must be served on adjoining owners at least two months before beginning any party wall works (one month for works to the line of junction or excavations). All adjacent owners should be served a notification and there are likely to be circumstances where there is more than one adjacent home and more than one owner of each home (ie: if the adjoining residential or commercial property is divided into flats and owned on a leasehold basis, notices will be needed to both leaseholder and freeholder of all flats affected by the works). Works to a party wall, or those impacting a ceiling or flooring, will likewise require a notice to adjoining owners living above or listed below.
Valid notifications must include the following info as a minimum:.
- The name and address of the building owner;.
- The nature and particulars of the proposed work including plans, areas and details of building and construction methods.
- The date on which the proposed work will begin.
It is vital to include the right details on a notification as, if they are considered invalid, then any subsequent actions are also invalid.
Responses To Notices.
On receipt of a notice, an adjoining owner has 3 possible strategies:.
- To grant the works going ahead as described. If there is a dispute at that stage, a consenting Adjacent Owner keeps all rights under the Act including the right to designate a surveyor later in the process.
- To dissent and select a surveyor. The Act allows the Owners to concur in the consultation of a single ‘Agreed’ property surveyor or designate their own separate surveyor.
- Provide a counter notice to set out particular conditions needed for the advantage of the Adjoining Owner. The Counter Notice need to set out what additional or modified work the Adjoining Owner wish to be consisted of for his advantage.
In many cases, if the adjoining does not react within 14 days then a considered conflict is stated to have happened and the individual performing the work must appoint a surveyor to act on the adjacent owners behalf.
If adjacent owners provide composed grant the works as set out within the notifications, then there is no disagreement to fix and no further need for party wall surveyors or, undoubtedly, the Party Wall Act. Assuming work proceeds as detailed within no damage and the notice is caused, then no more participation is needed.
The surveyors then work together to concur the terms under which work might continue. The property surveyor( s) will examine the strategies, notifications and structural information of the works and, after considering the impact of the works, will draw up an arrangement which sets out the terms under which work can be brought out (the Award).
The Party Wall Award.
The award will typically tape the condition of the pertinent part of adjacent residential or commercial property before work starts (this is not a requirement under the Act but is thought about good practice and is appropriately supplied by most excellent surveyors). The award might also give access to both properties so that the works can be safely carried out and the surveyor/s can check work in progress.
Usually, the building owner who started the work pays for all costs of work and the sensible expenses incurred by all parties as a result, this will include the property surveyors fees for both Structure Owner and Adjoining Owner.
We value that lots of individuals wishing to carry out works on their property have the requirements of The Party Wall Act thrust upon at a fairly late phase in the pre-construction process. Here, Michael White C.Build.E MCABE MFPWS, one of our senior surveyors, offers his “beginners guide” which aims to supply an overview understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Celebration?
The Party Wall etc Act 1996 provides a procedure to follow when developing work includes a party wall or party fence wall, some excavations close to neighbouring buildings, and new walls at limits. The Act allows owners to carry out particular particular works, consisting of work to the complete density of a party wall, whilst at the very same time safeguarding the interests of anyone else who might be impacted by that work. Composed notice must be served on adjoining owners at least 2 months before beginning any party wall works (one month for works to the line of junction or excavations).
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