We are Party Wall Surveyors specialising in party wall issues in UK. We have over twenty five years experience of operating in UK, acting for experts, organizations, as well as for people.
Each brief is unique, and our dedicated team of party wall surveyors is experienced in handling all manner of concerns associating with party walls. We are proud to offer a bespoke service to match the varying needs of our clients.
This website is created to provide standard information along with providing you the opportunity to call us directly with your problems and requirements, thus allowing our expert Party Wall Surveyors to advise you appropriately.
The existing legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or structures (including stacked foundations).
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 costs.
For more details contact among 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.
THE PARTY WALL ACT 1996- A BEGINNERS GUIDE
We value that many people wishing to carry out deal with their property have the requirements of The Party Wall Act thrust upon at a relatively late stage in the pre-construction process. We also understand it can be a difficult process for those that have not experienced it previously. Here in Faulkners Surveyors, one of our senior property surveyors, provides his “newbies guide” which aims to offer a summary understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Act?
The Party Wall etc Act 1996 supplies a treatment to follow when constructing work involves a party wall or party fence wall, some excavations near neighbouring structures, and new walls at borders. The Act permits owners to perform particular particular works, including work to the full density of a party wall, whilst at the same time safeguarding the interests of anyone else who might be impacted by that work. The Act is designed to prevent or minimise conflicts by making sure property owners inform their neighbours in advance of certain proposed works.
The Act offers a system for fixing disagreements and allowing works to proceed. It likewise requires that, where the adjacent owner does not ‘concur’ in writing to the works, a property surveyor or surveyors will identify the time and way in which those works are carried out.
What is a party wall?
Party walls normally separate buildings belonging to various owners however could include garden walls built astride a border– known as party fence walls. Where a wall separates two various size buildings often only the part that is used by both homes is a party wall, the rest belongs to the person or persons on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so included because the arrangements of the Act are not limited to party walls, they also include party structures and party fence walls.
Area 20 of the Act defines each:
” party fence wall” implies a wall (not becoming part of a building) which bases on lands of different owners and is used or constructed to be utilized for separating such adjacent lands, however does not consist of a wall constructed on the land of one owner the synthetically formed assistance of which projects 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 different entrances or separate staircases;
What is covered by the Act?
There are certain items of work that you can just be done after informing the adjoining owners and either receiving written contract of the neighbour or with a Party Wall Award prepared by a surveyor/s.
Notifiable works consist of (however are not restricted to):.
- cutting into a wall to take the bearing of a beam, for example for a loft conversion.
- inserting a moist evidence course, even if just to your own side of a party wall.
- raising a party wall and, if necessary, cutting off any items avoiding this from occurring.
- rebuilding a party and demolishing wall.
- underpinning a party wall or part of a party wall.
- weathering the junction of adjoining walls or buildings by cutting a flashing into an adjacent building.
- excavating structures within three metres of a neighbour’s structure and lower than its structures.
- excavating foundations within six metres of a neighbour’s structure and listed below a line drawn down at 45 ° from the bottom of its structures.
Notices are also required if it is proposed to construct a brand-new wall on the line of junction (border line). A party wall surveyor will typically have the ability to confirm which work is notifiable and suggestions the notification duration and kind of notice required.
What is not covered by the Act?
The Act relates just to particular particular types of work and is liberal in nature. It ought to not be seen as a technique of challenging or preventing works and it is not planned to be applied to minor jobs that do not impact the structural integrity or loading of a party wall.
It is usually agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are small works and do not need a notice.
The workings of the Act are always prompted by the of providing notices. This is the first stage of the procedure and, without the concern of valid notices, no additional action can be taken under the arrangement of the Act.
Written notification must be served on adjoining owners a minimum of two months prior to beginning any party wall works (one month for works to the line of junction or excavations). All adjoining owners need to be served a notice and there are likely to be instances where there is more than one adjoining home and more than one owner of each residential or commercial property (ie: if the adjoining residential or commercial property is split into flats and owned on a leasehold basis, notices will be required to both leaseholder and freeholder of all flats affected by the works). Functions to a party wall, or those affecting a ceiling or floor, will likewise need a notice to adjoining owners living above or listed below.
Legitimate notices need to include the following info as a minimum:.
- The name and address of the structure owner;.
- The nature and particulars of the proposed work including strategies, sections and details of building and construction techniques.
- The date on which the proposed work will start.
It is important to include the right details on a notification as, if they are considered void, then any subsequent actions are also void.
Reactions To Notices.
On receipt of a notice, an adjoining owner has three possible strategies:.
- To grant the works going ahead as described. A consenting Adjacent Owner keeps all rights under the Act consisting of the right to appoint a property surveyor later on while doing so if there is a disagreement at that phase.
- To dissent and designate a property surveyor. The Act permits the Owners to concur in the consultation of a single ‘Agreed’ surveyor or select their own different surveyor.
- Issue a counter notification to set out particular conditions required for the benefit of the Adjoining Owner. The Counter Notification need to set out what extra or modified work the Adjoining Owner want to be consisted of for his advantage.
For the most part, if the adjoining does not react within 14 days then a considered disagreement is said to have happened and the person carrying out the work must appoint a surveyor to act upon the adjacent owners behalf.
If adjoining owners offer written consent to the works as set out within the notices, then there is no dispute to deal with and no further need for party wall property surveyors or, undoubtedly, the Party Wall Act. Assuming work proceeds as detailed within the notification and no damage is caused, then no additional involvement is needed.
If adjacent owners dissent to the works (or if no action is gotten and a considered dissent has developed) then a disagreement has occurred which must be dealt with under the requirements of Area 10 of The Act. It deserves repeating that the Act is among enablement, it is not there to prevent works from occurring and it uses a route to end disputes at every phase. Where composed agreement is not offered, the service the Act supplies is for both parties to select an ‘agreed surveyor’ who will act impartially or for each owner to select a surveyor who in turn appoint a 3rd property surveyor. The property surveyors then work together to concur the terms under which work might proceed. The property surveyor( s) will examine the strategies, notices and structural details of the works and, after considering the effect of the works, will draw up a contract which sets out the terms under which work can be carried out (the Award).
The Party Wall Award.
The award will usually record the condition of the appropriate part of adjacent residential or commercial property before work starts (this is not a requirement under the Act but is thought about great practice and is duly offered by the majority of good property surveyors). The award might also grant access to both properties so that the works can be safely performed and the surveyor/s can check work in progress.
Normally, the structure owner who began the work pays for all expenses of work and the reasonable costs sustained by all celebrations as a result, this will consist of the surveyors charges for both Building Owner and Adjoining Owner.
We appreciate that numerous individuals wishing to carry out works on their home have the requirements of The Party Wall Act thrust upon at a fairly late stage in the pre-construction process. Here, Michael White C.Build.E MCABE MFPWS, one of our senior surveyors, provides his “beginners guide” which aims to offer a summary understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Celebration?
The Party Wall etc Act 1996 supplies a treatment to follow when developing work involves a party wall or party fence wall, some excavations close to neighbouring structures, and brand-new walls at boundaries. The Act permits owners to carry out certain specific works, consisting of work to the complete density of a party wall, whilst at the exact same time protecting the interests of anyone else who may be affected by that work. Written notification should be served on adjoining owners at least two months prior to beginning any party wall works (one month for works to the line of junction or excavations).
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