We are Party Wall Surveyors specialising in party wall problems in UK. We have more than twenty five years experience of working in UK, acting for experts, organizations, as well as for individuals.
Each short is unique, and our devoted group of party wall surveyors is experienced in dealing with all manner of issues connecting to party walls. We are proud to provide a bespoke service to match the differing requirements of our customers.
This site is developed to offer fundamental details as well as providing you the opportunity to call us directly with your problems and requirements, hence allowing our professional Party Wall Surveyors to encourage you appropriately.
The current legislation handling party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or structures (consisting of stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors supplies a distinct specific niche service, which allows you to have the best quality service at competitively priced charges.
For more information contact one of our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
Party Wall Act
The Party Wall etc. Act 1996 is an enabling Act, insofar as it approves the owner of a property the legal right to carry out particular works that may otherwise constitute trespass or nuisance.
It likewise looks for to protect the interests of adjacent owners from any possibly unfavorable results that such works may have by imposing a requirement that all adjoining owners be given prior notice of them.
In addition, the Act offers an obligatory dispute resolution treatment moderated by a statutorily appointed surveyor or property surveyors if neighbouring owners have concerns about the application of any proposal so informed.
Particularly, such notification must be served where the owner of a property (called ‘the building owner’) intends to undertake any building and construction 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 limited to the following:
- Area 1 uses where it is proposed to put up a brand-new wall at a limit that is not already built on.
- Section 2 issues existing party structures, that include party partitions, floors and walls (that separate structures or parts of buildings), party fence walls (essentially a border wall between lands in separate ownership which is constructed astride a boundary) and, in some circumstances, a neighbour’s independent residential or commercial property.
- Area 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 details that Sees should provide in respect of works covered the above sections is different in each case. The requirements of Area 1 and Section 6 Notifications are set out in those areas however the requirements of a Notice connecting to Area 2 works is set out in Section 3 of the Act. It is essential to keep in mind that the credibility of any notice not supplying all the pertinent details or served in the incorrect way, could be open to challenge in Court.
There is no basic kind of Notification although many people utilize those published by the RICS or variations added to the explanatory brochure issued by the Department for Communities and Local Government. Provided all the details required by the relevant section of the Act is present, an easy letter would be similarly valid.
Depending upon the situations of any offered job there might be more than one adjacent owner on whom see needs to be served in respect of the same work and, when it comes to deep excavations, an Adjoining Owner might be aside from an instant neighbour. It is constantly preferable to talk about the designated works with adjoining owners prior to serving them with official written notice – a proposal well discussed might alleviate issues enough to prevent a disagreement arising and prevent the necessity to designate surveyors.
There are two exceptions where the need to serve notice might be prevented:
- De minimis works: The government’s explanatory booklet says that some deal with a party wall might be so small that service of notification under the Act would be normally considered not essential and give as examples works not likely to impact the structural strength or assistance functions of a party structure or cause 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, cooking area cabinets, and so on.
- Functions under Area 2 of the Act offered that composed approval is gotten from all Adjoining Owners and Occupiers prior to work commences.
The three kinds of Notice are understood, respectively as:
- Section 1: Line of Junction Notice
- Area 3 (for S2 works): Party Structure Notification
- Section 6: Notification of Adjacent Excavation
A party structure notice need to be served a minimum of 2 months prior to the date on which it is proposed to begin that work. The other 2 notifications should be served at least one month prior to work beginning.
The obligatory info which Discovers need to contain are as follows:
- Line of Junction Notification:
- A sign of the building owner’s desire to construct a wall.
- A description of the wall.
- Party Structure Notice:
- The name and address of the building owner.
- The nature and details of the proposed work.
- The date on which the proposed work will begin.
- Notification of Adjacent Excavation:
- An indication of the structure owner’s proposals.
- A statement regarding whether the building owner proposes to underpin or otherwise strengthen or safeguard the foundations of the structure or structure of the adjacent owner.
- Accompanying plans and sections showing: a) the site and depth of any excavation the structure owner proposes to make; b) if he proposes to set up a structure or structure, its site.
The majority of the pro-forma notifications in use include the following info as a matter of course despite the type of notice:
- The date of the notice.
- If different), 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 statement regarding the beginning of works relative to the suitable notice duration.
- If the recipient actively dissents from the works or stops working to respond within 14 days, an advisory note describing what happens.
Section 10 of the Act specifies that where an adjoining owner does not authorization in writing to works informed by the structure owner under Sections 3 and 6, both celebrations must either agree on the visit of a single property surveyor to act for both of them (referred to as the Agreed Property Surveyor), or each appoint their own property surveyor, to determine by award matters in dispute in between the celebrations.
Where a project is straightforward, this may just include factor to consider of the time and way in which those works are to be performed. In more complex plans, believed will have to be offered to a commensurately greater number of aspects and certainly appointed property 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 procedure is used to solve any subsequent conflicts between neighbouring owners that might develop in relation to the alerted works, consisting of any loss or damage suffered by an adjoining owner as a result of their execution.
Inaction on the part of the adjacent owner does not stop the statutory process. A dispute can arise by an adjoining owner actively dissenting, that is, interacting to the structure owner an objection in regard of some matter arising out of or incidental to the works – the methods of making that objection are trivial, but if he stays silent, neither dissenting nor consenting for a duration of 2 week after having been served with a Notice under either Section 3 or Area 6, the Act deems a dissent to have actually occurred in any event.
There is no considered dissent provision in Section 1 of the Act. A legitimate disagreement can still develop, and property surveyors be selected in accordance with Section 10, in respect of works alerted under that area but just as concerns actual dissent on specific premises. An adjoining owner’s reasons for contesting Area 2 and Section 6 works are hardly ever defined prior to the appointment of surveyors and oftentimes not even then.
Where dissent has developed, whether real or considered, both owners are legally required to select an agreed property surveyor or, if they can not collectively agree on a bachelor, a surveyor each and if asked for to make such a consultation by the other party, need to do so within 10 days of the demand being served. Failure to comply, instantly gives the owner making the demand the statutory authority to select a surveyor on behalf of the recalcitrant party. This treatment is set out in area 10( 4) of the Act.
Where 2 surveyors are designated, they are required to agree upon the selection, in composing, of a third surveyor who may be called upon by either of the property surveyors or either of the celebrations to determine the disputed matters and make the required award. The third surveyor is never appointed by anybody however the Act offers the individual so selected the exact same statutory powers as the two surveyors.
3rd property surveyors are most frequently called upon where the two property surveyors have reached a deadlock in their deliberations over some particular point and typically this can be in respect on the reasonableness of the costs of the surveyor designated by the adjoining owner. Rarely will a third surveyor be asked to draw up an award in regard of the entire works however might accompany one or other of the two property surveyors to do so if the requirement emerges.
There is no meaning of who can be a property surveyor, but it must not be the same individual that will supervise the works.
The award will set out the works that can be carried out, who will pay the costs for the preparation of the award and inspection of the works to guarantee that they comply with the works, and who will spend for the works. They will generally be required to pay the charges and the cost of the works if the work is exclusively for the benefit of the building owner.
If they disagree with the award, parties 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, however they must be given 2 week notice.
NB: The introduction of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 means that from 6 April 2016, notifications and other files can be served by electronic interactions.
The information that Notices must offer in respect 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 sections however the requirements of a Notice relating to Area 2 works is set out in Section 3 of the Act. A valid conflict can still emerge, and surveyors be designated in accordance with Section 10, in respect of works informed under that area however just as relates to real dissent on specific premises. An adjacent owner’s factors for disputing Area 2 and Section 6 works are rarely specified prior to the visit of surveyors and in numerous cases not even then.
Where dissent has occurred, whether real or considered, both owners are lawfully obliged to designate a concurred surveyor or, if they can not jointly agree on a single person, a property surveyor each and if requested to make such a consultation by the other party, must do so within 10 days of the demand being served.
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