The Faulkners Surveyors is an expert Chartered Structure Surveying Practice that runs throughout UK. The Faulkners Surveyors undertakes all elements of the Party Wall and so on. Act 1996 and provides the following services:
Unbiased guidance on all Party Wall Matters
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjoining Owners or Structure Owners
Acting as the Agreed Party Wall Property Surveyor
Carrying Out Schedules of Condition surveys
Preparation and negotiation of Party Wall Awards (Agreements).
Party Wall (WikiPedia)
THE PARTY WALL ACT 1996- A NEWBIES GUIDE
We appreciate that lots of people wishing to perform works on their home have the requirements of The Party Wall Act thrust upon at a fairly late phase in the pre-construction procedure. We also understand it can be an overwhelming process for those that have actually not experienced it before. Here in Faulkners Surveyors, among our senior surveyors, offers his “newbies guide” which aims to provide 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 supplies 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 permits owners to carry out certain particular 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 impacted by that work. The Act is developed to prevent or minimise conflicts by ensuring property owners inform their neighbours in advance of certain proposed works.
The Act offers a system for fixing disagreements and enabling works to proceed. It also needs that, where the adjacent owner does not ‘agree’ in writing to the works, a property surveyor or surveyors will figure out the time and way in which those works are performed.
What is a party wall?
Party walls generally different structures belonging to different owners but might include garden walls built astride a limit– referred to as party fence walls. Where a wall separates two various size structures often just the part that is used by both residential or commercial properties is a party wall, the rest belongs to the person or individuals on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so consisted of due to the fact that the arrangements of the Act are not restricted to party walls, they also consist of 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 various owners and is used or constructed to be used for separating such adjacent lands, but does not consist of a wall constructed on the land of one owner the artificially formed assistance of which jobs into the land of another owner;
” party structure” means a party wall and also a flooring partition or other structure separating structures or parts of structures approached entirely by separate entrances or separate staircases;
What is covered by the Act?
There are particular items of work that you can just be done after notifying the adjoining owners and either getting written contract of the neighbour or with a Party Wall Award prepared by a surveyor/s.
Notifiable works include (however 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 just to your own side of a party wall.
- raising a party wall and, if essential, cutting off any objects avoiding this from occurring.
- destroying 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 adjoining structure.
- excavating foundations within three 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 structures.
Notices are also required if it is proposed to develop a new wall on the line of junction (limit line). A party wall surveyor will typically have the ability to confirm which work is notifiable and guidance the notice period and kind of notification needed.
What is not covered by the Act?
The Act relates just to certain specific kinds of work and is liberal in nature. It should not be seen as a technique of objecting to or preventing works and it is not intended to be applied to small tasks that do not affect the structural stability or loading of a party wall.
It is typically agreed that works such as repairing plug sockets, screwing in shelving or replastering walls are small works and do not need a notice.
The workings of the Act are constantly prompted by the of providing notices. This is the first stage of the process and, without the issue of valid notices, no more action can be taken under the provision of the Act.
Written notice must be served on adjacent owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners should be served a notification and there are most likely to be circumstances where there is more than one adjoining property and more than one owner of each residential or commercial property (ie: if the adjacent property is divided into flats and owned on a leasehold basis, notifications 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 also require a notification to adjacent owners living above or below.
Valid notices should contain the following details as a minimum:.
- The name and address of the structure owner;.
- The nature and details of the proposed work consisting of plans, areas and information of building methods.
- The date on which the proposed work will start.
It is necessary to consist of the right details on a notification as, if they are deemed void, then any subsequent actions are also void.
Reactions To Notices.
On receipt of a notice, an adjacent owner has three possible courses of action:.
- To consent to the works going ahead as explained. A consenting Adjacent Owner keeps all rights under the Act consisting of the right to select a property surveyor later while doing so if there is a conflict at that phase.
- To dissent and appoint a property surveyor. The Act permits the Owners to concur in the appointment of a single ‘Agreed’ property surveyor or designate their own separate surveyor.
- Release a counter notification to set out certain conditions required for the advantage of the Adjoining Owner. The Counter Notification need to set out what extra or modified work the Adjoining Owner would like to be consisted of for his benefit.
If the adjacent does not react within 14 days then a considered dispute is stated to have actually taken place and the person bring out the work should designate a property surveyor to act on the adjoining owners behalf.
If adjacent owners offer composed grant the works as set out within the notifications, then there is no dispute to deal with and no additional requirement for party wall property surveyors or, undoubtedly, the Party Wall Act. Presuming work profits as detailed within the notice and no damage is triggered, then no further participation is required.
The surveyors then work together to agree the terms under which work might continue. The surveyor( s) will review the strategies, notices and structural details of the works and, after thinking about the impact of the works, will draw up a contract which sets out the terms under which work can be brought out (the Award).
The Party Wall Award.
The award will typically tape-record the condition of the pertinent part of adjacent home prior to work starts (this is not a requirement under the Act but is considered excellent practice and is appropriately provided by most excellent surveyors). The award might likewise approve access to both properties so that the works can be safely performed and the surveyor/s can check work in development.
Typically, the structure owner who started the work pays for all expenses of work and the sensible expenses incurred by all celebrations as a result, this will consist of the surveyors costs for both Building Owner and Adjoining Owner.
We appreciate that many individuals wishing to carry out works on their home have the requirements of The Party Wall Act thrust upon at a reasonably late stage in the pre-construction procedure. Here, Michael White C.Build.E MCABE MFPWS, one of our senior surveyors, provides his “novices guide” which intends 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 offers a procedure to follow when developing work includes a party wall or party fence wall, some excavations close to neighbouring structures, and brand-new walls at borders. The Act permits owners to bring out certain particular works, consisting of work to the complete density of a party wall, whilst at the same time securing the interests of anybody else who may be affected by that work. Composed notice should be served on adjoining owners at least 2 months before starting any party wall works (one month for works to the line of junction or excavations).
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