We are Party Wall Surveyors specialising in party wall issues in UK. We have over twenty 5 years experience of operating in UK, acting for professionals, services, in addition to for individuals.
Each brief is unique, and our dedicated group of party wall surveyors is experienced in handling all manner of concerns connecting to party walls. We are proud to use a bespoke service to match the varying requirements of our customers.
This site is developed to offer standard details as well as offering you the opportunity to call us directly with your requirements and problems, therefore allowing our professional Party Wall Surveyors to advise you accordingly.
The current 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 structures).
Our group of Faulkners Surveyors Party Wall Surveyors offers an unique niche service, which enables you to have the best quality service at competitively priced fees.
To find out more 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.
Party Wall Act
The Party Wall etc. Act 1996 is a making it possible for Act, insofar as it gives the owner of a residential or commercial property the legal right to undertake particular works that may otherwise constitute trespass or nuisance.
However, it likewise looks for to protect the interests of adjacent owners from any possibly negative impacts that such works might have by imposing a requirement that all adjoining owners be offered prior notification of them.
In addition, the Act provides for an obligatory disagreement resolution treatment moderated by a statutorily appointed property surveyor or surveyors if neighbouring owners have issues about the implementation of any proposition so notified.
Specifically, such notice needs to be served where the owner of a home (known as ‘the building owner’) intends to carry out any building work explained in Areas 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:
- Section 1 uses where it is proposed to put up a brand-new wall at a limit that is not already built on.
- Area 2 concerns existing party structures, that include party partitions, floorings and walls (that different buildings or parts of buildings), party fence walls (essentially a border wall in between lands in separate ownership which is developed astride a border) and, in some instances, a neighbour’s independent residential or commercial property.
- Section 6 can apply to excavations approximately 6 m away from a building or structure on neighbouring land, subject to depth criteria which the Act sets out.
The details that Sees must offer in respect of works covered the above areas is different in each case. The requirements of Section 1 and Area 6 Notices are set out in those sections but the requirements of a Notification connecting to Section 2 works is set out in Section 3 of the Act. It is important to keep in mind that the validity of any notification not supplying all the appropriate information or served in the incorrect way, could be available to challenge in Court.
There is no standard type of Notification although many people utilize those published by the RICS or variations added to the explanatory booklet provided by the Department for Communities and Local Government. Offered all the info needed by the pertinent area of the Act is present, an easy letter would be equally valid.
Depending upon the scenarios of any provided job there may be more than one adjoining owner on whom notice needs to be served in regard of the very same work and, when it comes to deep excavations, an Adjoining Owner may be besides an immediate neighbour. It is constantly preferable to go over the intended deal with adjoining owners prior to serving them with formal composed notice – a proposition well described may relieve concerns enough to prevent a conflict emerging and prevent the need to appoint property surveyors.
There are two exceptions where the requirement to serve notice may be prevented:
- De minimis works: The federal government’s explanatory pamphlet says that some works on a party wall may be so small that service of notification under the Act would be usually regarded as not needed and give as examples works not likely 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 circuitry or placing power sockets, and screws to support racks, kitchen area cupboards, and the like.
- Works under Area 2 of the Act provided that written permission is obtained from all Adjacent Owners and Occupiers before work commences.
The three types of Notification are understood, respectively as:
- Area 1: Line of Junction Notice
- Section 3 (for S2 works): Party Structure Notice
- Section 6: Notice of Adjacent Excavation
A party structure notice must be served at least 2 months prior to the date on which it is proposed to start that work. The other 2 notices must be served at least one month prior to work beginning.
The necessary information which Sees need to include are as follows:
- Line of Junction Notice:
- 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 structure owner.
- The nature and particulars of the proposed work.
- The date on which the proposed work will start.
- Notification of Adjacent Excavation:
- A sign of the structure owner’s propositions.
- A declaration regarding whether the building owner proposes to underpin or otherwise reinforce or protect the foundations of the structure or structure of the adjoining owner.
- Accompanying plans and sections revealing: a) the website and depth of any excavation the structure owner proposes to make; b) if he proposes to put up a building or structure, its site.
Most of the pro-forma notifications in use include the following information as a matter of course no matter the kind of notification:
- The date of the notice.
- If different), the name and addresses of both the structure and adjoining owners (and the addresses of the properties being worked on/affected.
- A declaration as to the commencement of works relative to the suitable notice duration.
- An advisory note describing what happens if the recipient actively dissents from the works or fails to respond within 2 week.
Section 10 of the Act specifies that where an adjoining owner does not consent in writing to works informed by the building owner under Areas 3 and 6, both celebrations should either agree on the appointment of a single surveyor to act for both of them (referred to as the Agreed Property Surveyor), or each designate their own property surveyor, to figure out by award matters in dispute between the parties.
Where a project is straightforward, this may only include consideration of the time and way in which those works are to be carried out. In more complex plans, thought will need to be given to a commensurately greater number of elements and certainly designated surveyors have the statutory jurisdiction to make an award in regard of any matter connected with any work to which the act relates.
The same procedure is used to deal with any subsequent disputes between neighbouring owners that might arise in relation to the alerted works, consisting of 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 halt the statutory procedure. A disagreement can occur 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 stays quiet, neither dissenting nor consenting for a period of 14 days after having actually been served with a Notification under either Section 3 or Section 6, the Act deems a dissent to have actually occurred 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 appointed in accordance with Section 10, in regard of works informed under that section but just as regards actual dissent on particular premises. An adjacent owner’s factors for contesting Section 2 and Area 6 works are seldom specified prior to the appointment of surveyors and oftentimes not even then.
Where dissent has developed, whether actual or considered, both owners are legally required to designate a concurred surveyor or, if they can not collectively agree on a single person, a property 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. Failure to comply, instantly offers the owner making the request the statutory authority to appoint a property surveyor on behalf of the recalcitrant party. This treatment is set out in area 10( 4) of the Act.
Where two property surveyors are designated, they are obliged to agree upon the selection, in writing, of a third surveyor who may be called upon by either of the surveyors or either of the celebrations to identify the disputed matters and make the required award. The third surveyor is never ever designated by anyone but the Act gives the individual so selected the exact same statutory powers as the two property surveyors.
Third surveyors are most typically called upon where the two surveyors have reached a deadlock in their deliberations over some particular point and frequently this can be in regard on the reasonableness of the fees of the surveyor designated by the adjoining owner. Seldom will a third property surveyor be asked to prepare an award in respect of the whole works however may accompany one or other of the two surveyors to do so if the need emerges.
There is no definition of who can be a surveyor, but it must not be the same individual that will supervise the works.
The award will set out the works that can be performed, who will pay the charges for the preparation of the award and examination of the works to ensure that they abide by the works, and who will pay for the works. If the work is entirely for the benefit of the structure owner, then they will generally be needed to pay the costs and the cost of the works.
Celebrations have 14 days to appeal to the county court if they disagree with the award.
The Act allows access to the adjoining property for the functions of carrying out the works whether the adjoining owner permits or not, however they should be given 14 days notification.
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 info that Sees must provide in regard of works covered the above areas is different in each case. The requirements of Area 1 and Area 6 Notices are set out in those areas but the requirements of a Notice relating to Section 2 works is set out in Area 3 of the Act. A legitimate conflict can still occur, and surveyors be selected in accordance with Section 10, in regard of works notified under that area however just as regards actual dissent on particular grounds. An adjacent owner’s factors for contesting Area 2 and Section 6 works are rarely specified prior to the visit of surveyors and in many cases not even then.
Where dissent has actually developed, whether real or deemed, both owners are lawfully obliged to select an agreed surveyor or, if they can not jointly concur on a single person, a property surveyor each and if requested to make such an appointment by the other party, should do so within 10 days of the request being served.
Around the Web