We are totally qualified specialist Party Wall Surveyors with years of experience producing Schedule of Condition reports and legally serving Party Wall Agreements and Notices.
With workplaces in Central, South and North London it makes us completely positioned to serve Greater London and the surrounding counties.
Whether you’re a Structure Owner preparing a brand-new task or a neighbour who has been served a Party Wall Notice our understanding and experience guarantees we are always best prepared to assist with your Party Wall requirements.
Call now and speak with a Specialist Surveyor for friendly expert recommendations.
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 value that many people 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 process. We likewise understand it can be an overwhelming process for those that have actually not experienced it in the past. Here in Faulkners Surveyors, one of our senior property surveyors, uses his “newbies guide” which aims to offer an overview 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 treatment to follow when building work includes a party wall or party fence wall, some excavations near neighbouring structures, and brand-new walls at borders. The Act permits owners to carry out particular particular works, including 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 avoid or minimise disagreements by making sure property owners inform their neighbours in advance of certain proposed works.
The Act supplies a system for fixing disagreements and allowing works to continue. It also requires that, where the adjoining owner does not ‘concur’ in writing to the works, a surveyor or property surveyors will determine the time and method which those works are performed.
What is a party wall?
Party walls normally different structures coming from different owners but could include garden walls built astride a boundary– called party fence walls. Where a wall separates two various size structures often just the part that is utilized by both homes is a party wall, the rest belongs to the individual or individuals on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so consisted of since the provisions of the Act are not limited to party walls, they likewise include party structures and party fence walls.
Area 20 of the Act defines each:
” party fence wall” suggests a wall (not becoming part of a structure) which bases on lands of different owners and is used or built to be utilized for separating such adjacent lands, however does not include a wall built on the land of one owner the artificially formed support of which projects into the land of another owner;
” party structure” indicates a party wall and likewise a flooring partition or other structure separating structures or parts of structures approached solely by separate staircases or different entryways;
What is covered by the Act?
There are certain products of work that you can only be done after notifying the adjacent owners and either getting written arrangement 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 instance for a loft conversion.
- inserting a moist 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 taking place.
- destroying and restoring 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 structure.
- excavating foundations within 3 metres of a neighbour’s structure and lower than its foundations.
- excavating structures within 6 metres of a neighbour’s structure and below a line drawn down at 45 ° from the bottom of its structures.
Notifications are also required if it is proposed to construct a brand-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 suggestions the notice duration and type of notice needed.
What is not covered by the Act?
The Act relates only to certain specific kinds of work and is liberal in nature. It needs to not be seen as a method of challenging or avoiding works and it is not meant to be applied to small jobs that do not impact the structural integrity or loading of a party wall.
It is usually concurred that works such as repairing plug sockets, screwing in shelving or replastering walls are minor works and do not need a notice.
The workings of the Act are always prompted by the of providing notifications. This is the first stage of the procedure and, without the concern of valid notices, no more action can be taken under the arrangement of the Act.
Written notice needs to 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). All adjacent owners need to be served a notice and there are most likely to be instances where there is more than one adjacent residential or commercial property and more than one owner of each property (ie: if the adjoining home is split into flats and owned on a leasehold basis, notices will be required to both leaseholder and freeholder of all flats impacted by the works). Functions to a party wall, or those affecting a ceiling or floor, will also require a notice to adjacent 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 details of the proposed work consisting of strategies, sections and information of building approaches.
- The date on which the proposed work will start.
It is important to consist of the proper information on a notification as, if they are deemed void, then any subsequent actions are likewise void.
Reactions To Notices.
On receipt of a notice, an adjacent owner has 3 possible strategies:.
- To consent to the works going on as explained. A consenting Adjacent Owner retains all rights under the Act consisting of the right to select a surveyor later on while doing so if there is a disagreement at that phase.
- To dissent and designate a surveyor. The Act enables the Owners to concur in the visit of a single ‘Agreed’ surveyor or appoint their own different property surveyor.
- Release a counter notice to set out certain conditions needed for the benefit of the Adjoining Owner. The Counter Notice should set out what extra or customized work the Adjoining Owner want to be consisted of for his advantage.
Most of the times, if the adjacent does not react within 14 days then a considered conflict is stated to have actually happened and the individual carrying out the work should select a property surveyor to act upon the adjoining owners behalf.
If adjoining owners supply written consent to the works as set out within the notifications, then there is no dispute to resolve and no additional requirement for party wall property surveyors or, undoubtedly, the Party Wall Act. Assuming work proceeds as detailed within no damage and the notice is triggered, then no more involvement is essential.
The property surveyors then work together to concur the terms under which work might proceed. The property surveyor( s) will evaluate the plans, notices and structural details of the works and, after thinking about the effect 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 generally record the condition of the pertinent part of adjoining property prior to work begins (this is not a requirement under the Act but is thought about good practice and is duly offered by many good surveyors). The award might also grant access to both homes so that the works can be safely performed and the surveyor/s can check work in development.
Normally, the structure owner who began the work spends for all expenditures of work and the affordable costs incurred by all celebrations as a result, this will consist of the surveyors fees for both Structure Owner and Adjoining Owner.
We appreciate that many people wishing to carry out works on their residential or commercial property 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 property surveyors, uses his “novices guide” which intends to offer 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 supplies a procedure to follow when constructing work includes a party wall or party fence wall, some excavations close to neighbouring structures, and new walls at borders. The Act permits owners to bring out particular particular works, including work to the full thickness of a party wall, whilst at the exact same time safeguarding the interests of anyone else who might be impacted by that work. Written notification needs to 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).
Around the Web