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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.
Party Wall Act
The Party Wall etc. Act 1996 is an enabling Act, insofar as it approves the owner of a residential or commercial property the legal right to carry out particular works that might otherwise make up trespass or annoyance.
It also looks for to secure the interests of adjoining owners from any possibly negative effects that such works may have by enforcing a requirement that all adjoining owners be given prior notification of them.
In addition, the Act offers a compulsory conflict resolution procedure moderated by a statutorily selected property surveyor or surveyors if neighbouring owners have concerns about the application of any proposal so alerted.
Particularly, such notification must be served where the owner of a residential or commercial property (known as ‘the building owner’) intends to carry out any construction work described in Areas 1, 2 and 6 of the Act. Keep in mind that it is just those works that are covered by the Act and the scope is limited to the following:
- Section 1 uses where it is proposed to set up a brand-new wall at a limit that is not already built on.
- Section 2 issues existing party structures, that include party partitions, walls and floors (that different buildings or parts of buildings), party fence walls (basically a border wall between lands in different ownership which is developed astride a border) and, in some instances, a neighbour’s independent property.
- Section 6 can apply to excavations approximately 6 m far from a structure or structure on neighbouring land, subject to depth criteria which the Act sets out.
The information that Sees should provide in respect of works covered the above sections is different in each case. The requirements of Section 1 and Area 6 Notices are set out in those areas but the requirements of a Notification connecting to Area 2 works is set out in Section 3 of the Act. It is important to keep in mind that the validity of any notice not providing all the pertinent information or served in the incorrect way, could be open up to challenge in Court.
There is no basic type of Notice although many people utilize those released by the RICS or variations appended to the explanatory booklet provided by the Department for Communities and Local Government. Supplied all the information needed by the appropriate area of the Act is present, an easy letter would be equally valid.
Depending on the scenarios of any provided project there may be more than one adjacent owner on whom observe needs to be served in respect of the very same work and, when it comes to deep excavations, an Adjacent Owner might be aside from an instant neighbour. It is always preferable to discuss the desired works with adjacent owners before serving them with formal composed notification – a proposal well described might ease issues enough to prevent a conflict arising and avoid the necessity to designate surveyors.
There are 2 exceptions where the need to serve notice may be prevented:
- De minimis works: The federal government’s explanatory booklet states that some deal with a party wall might be so minor that service of notification under the Act would be typically considered as not necessary and give as examples works unlikely to impact the structural strength or support functions of a party structure or cause damage to the neighbours side of it, such as re-plastering, shallow chasing for electrical wiring or placing power sockets, and screws to support shelves, kitchen cabinets, and so on.
- Works under Section 2 of the Act offered that written approval is obtained from all Adjoining Owners and Occupiers before work commences.
The three types of Notification are understood, respectively as:
- Section 1: Line of Junction Notice
- Section 3 (for S2 works): Party Structure Notice
- Section 6: Notification of Adjacent Excavation
A party structure notice must be served a minimum of 2 months before the date on which it is proposed to start that work. The other 2 notices need to be served a minimum of one month prior to work starting.
The obligatory information which Observes should consist of are as follows:
- Line of Junction Notification:
- An indication of the building owner’s desire to construct a wall.
- A description of the wall.
- Party Structure Notification:
- The name and address of the building owner.
- The nature and particulars of the proposed work.
- The date on which the proposed work will begin.
- Notice of Adjacent Excavation:
- An indicator of the building owner’s propositions.
- A declaration as to whether or not the structure owner proposes to underpin or otherwise reinforce or protect the foundations of the structure or structure of the adjacent owner.
- Accompanying sections and strategies showing: a) the site and depth of any excavation the structure owner proposes to make; b) if he proposes to put up a structure or structure, its site.
The majority of the pro-forma notifications in use consist of the following information as a matter of course regardless of the type of notification:
- The date of the notification.
- The name and addresses of both the building and adjacent owners (and the addresses of the properties being worked on/affected if different).
- A statement regarding the start of works relative to the proper notice duration.
- If the recipient actively dissents from the works or stops working to react within 14 days, an advisory note discussing what takes place.
Section 10 of the Act stipulates that where an adjacent owner does not consent in writing to works informed by the building owner under Sections 3 and 6, both celebrations must either agree on the consultation of a single surveyor to act for both of them (referred to as the Agreed Property Surveyor), or each select their own property surveyor, to figure out by award matters in dispute between the parties.
Where a project is straightforward, this might just include factor to consider of the time and way in which those works are to be performed. In more complex schemes, believed will have to be provided to a commensurately greater number of elements and undoubtedly selected 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 exact same treatment is used to fix any subsequent disputes in between neighbouring owners that might emerge in relation to the alerted works, including any loss or damage suffered by an adjacent owner as a result of their execution.
Inactiveness on the part of the adjoining owner does not stop the statutory process. A conflict can emerge by an adjacent owner actively dissenting, that is, interacting to the structure owner an objection in regard of some matter occurring out of or incidental to the works – the means of making that objection are trivial, but if he remains silent, neither dissenting nor consenting for a period of 14 days after having actually been served with a Notice under either Section 3 or Area 6, the Act considers a dissent to have actually developed in any event.
There is no considered dissent provision in Area 1 of the Act. A legitimate disagreement can still emerge, and property surveyors be selected in accordance with Area 10, in regard of works notified under that section but just as relates to actual dissent on specific grounds. An adjoining owner’s factors for contesting Section 2 and Section 6 works are seldom specified prior to the visit of surveyors and in many cases not even then.
Where dissent has actually occurred, whether actual or considered, both owners are lawfully required to designate an agreed property surveyor or, if they can not jointly agree on a bachelor, a surveyor each and if requested to make such a visit by the other party, must do so within 10 days of the request being served. Failure to comply, immediately provides the owner making the demand the statutory authority to designate a surveyor on behalf of the recalcitrant party. This procedure is set out in area 10( 4) of the Act.
Where two property surveyors are designated, they are required to agree upon the choice, in composing, of a third property surveyor who might be hired by either of the surveyors or either of the parties to figure out the challenged matters and make the required award. The third property surveyor is never ever designated by anybody however the Act offers the person so chose the same statutory powers as the two surveyors.
Third property surveyors are most frequently hired where the two surveyors have reached a deadlock in their deliberations over some specific point and frequently this can be in regard on the reasonableness of the charges of the property surveyor appointed by the adjacent owner. Hardly ever will a third property surveyor be asked to draw up an award in regard of the entire works however may accompany one or other of the two property surveyors to do so if the need develops.
There is no meaning of who can be a surveyor, however it needs to not be the same person that will supervise the works.
The award will set out the works that can be carried out, who will pay the charges for the preparation of the award and inspection of the works to ensure that they abide by the works, and who will spend for the works. They will generally be needed to pay the costs and the cost of the works if the work is solely for the benefit of the building owner.
Celebrations have 2 week to attract the county court if they disagree with the award.
The Act allows access to the adjoining residential or commercial property for the functions of performing the works whether the adjacent owner permits or not, nevertheless they should be given 2 week notice.
NB: The intro of The Party Wall and so on. Act 1996 (Electronic Communications) Order 2016 indicates that from 6 April 2016, notifications and other documents can be served by electronic communications.
The details that Discovers must provide in respect of works covered the above sections is various in each case. The requirements of Section 1 and Section 6 Notices are set out in those areas however the requirements of a Notice relating to Area 2 works is set out in Section 3 of the Act. A legitimate conflict can still develop, and surveyors be designated in accordance with Area 10, in respect of works alerted under that area however only as relates to real dissent on particular grounds. An adjacent owner’s reasons for disputing Area 2 and Section 6 works are rarely specified prior to the appointment of surveyors and in numerous cases not even then.
Where dissent has developed, whether real or deemed, both owners are legally required to designate a concurred property surveyor or, if they can not jointly agree on a single individual, a surveyor each and if asked for to make such a consultation by the other party, should do so within 10 days of the demand being served.
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