- Preparing and serving valid Party Wall Notices
- Acting as the Structure Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are specialists and operate in accordance with the regulations set down by the Professors of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to comply with this legislation may lead to works being illegal.
Party Wall (WikiPedia)
Party Wall Act
The Party Wall and so on. Act 1996 is an allowing Act, insofar as it grants the owner of a property the legal right to carry out particular works that may otherwise make up trespass or annoyance.
It likewise seeks to safeguard the interests of adjoining owners from any possibly adverse impacts that such works may have by imposing a requirement that all adjoining owners be offered prior notice of them.
In addition, the Act offers a mandatory disagreement resolution treatment mediated by a statutorily designated property surveyor or surveyors if neighbouring owners have issues about the execution of any proposal so informed.
Particularly, such notification must be served where the owner of a property (known as ‘the building owner’) plans to undertake any construction work described in Areas 1, 2 and 6 of the Act. Keep in mind that it is only those works that are covered by the Act and the scope is restricted to the following:
- Area 1 applies where it is proposed to put up a new wall at a border that is not already built on.
- Section 2 issues existing party structures, that include party partitions, floorings and walls (that separate structures or parts of buildings), party fence walls (essentially a boundary wall in between lands in different ownership which is constructed astride a boundary) and, in some circumstances, a neighbour’s independent property.
- Section 6 can apply to excavations up to 6 m far from a building or structure on neighbouring land, based on depth criteria which the Act sets out.
The details 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 areas but the requirements of a Notice connecting to Area 2 works is set out in Area 3 of the Act. It is essential to keep in mind that the validity of any notice not providing all the appropriate information or served in the inaccurate manner, could be available to challenge in Court.
There is no standard type of Notice although many people use those published by the RICS or versions appended to the explanatory brochure provided by the Department for Communities and City Government. Supplied all the details needed by the pertinent area of the Act is present, a simple letter would be equally legitimate.
Depending on the situations of any given task there may be more than one adjoining owner on whom discover needs to be served in regard of the very same work and, in the case of deep excavations, an Adjacent Owner might be besides an instant neighbour. It is always preferable to discuss the designated deal with adjacent owners prior to serving them with formal written notice – a proposition well discussed may reduce concerns enough to prevent a conflict emerging and avoid the necessity to designate property surveyors.
There are two exceptions where the need to serve notice may be prevented:
- De minimis works: The federal government’s explanatory brochure says that some deal with a party wall may be so small that service of notice under the Act would be normally regarded as not required and give as examples works not likely to impact the structural strength or assistance functions of a party structure or trigger 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 cupboards, and so on.
- Works under Section 2 of the Act supplied that written consent is obtained from all Adjoining Owners and Occupiers before work commences.
The 3 types of Notice are understood, respectively as:
- Section 1: Line of Junction Notice
- Area 3 (for S2 works): Party Structure Notice
- Section 6: Notification of Adjacent Excavation
A party structure notice need to be served a minimum of 2 months before the date on which it is proposed to begin that work. The other two notifications must be served a minimum of one month prior to work starting.
The necessary information which Discovers need to consist of are as follows:
- Line of Junction Notice:
- An indication of the structure 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 start.
- Notification of Adjacent Excavation:
- A sign of the structure owner’s proposals.
- A declaration as to whether or not the building owner proposes to underpin or otherwise strengthen or protect the structures of the building 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 website.
Most of the pro-forma notices in use consist of the following information as a matter of course despite the kind of notice:
- The date of the notification.
- If various), the name and addresses of both the structure and adjoining owners (and the addresses of the properties being worked on/affected.
- A statement regarding the beginning of works relative to the appropriate notification 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 states that where an adjoining owner does not approval in writing to works alerted by the structure owner under Areas 3 and 6, both celebrations should either settle on the visit of a single property surveyor to act for both of them (referred to as the Agreed Property Surveyor), or each designate their own surveyor, to identify by award matters in dispute in between the celebrations.
Where a project is straightforward, this may just involve factor to consider of the time and manner in which those works are to be carried out. In more complex schemes, believed will have to be offered to a commensurately greater number of factors and undoubtedly designated property surveyors have the statutory jurisdiction to make an award in respect of any matter connected with any work to which the act relates.
The very same procedure is used to fix any subsequent disputes between neighbouring owners that might develop in relation to the notified 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 process. A dispute can arise by an adjoining owner actively dissenting, that is, interacting to the building owner an objection in regard of some matter emerging out of or incidental to the works – the means of making that objection are trivial, however if he remains silent, neither consenting nor dissenting for a duration of 14 days after having actually been served with a Notice under either Area 3 or Section 6, the Act considers 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 occur, and property surveyors be selected in accordance with Area 10, in regard of works alerted under that section however just as regards actual dissent on particular grounds. An adjoining owner’s factors for disputing Area 2 and Area 6 works are seldom specified prior to the appointment of surveyors and in most cases not even then.
Where dissent has actually developed, whether real or deemed, both owners are legally required to appoint an agreed property surveyor or, if they can not jointly agree on a single person, a property surveyor each and if asked for to make such a consultation by the other party, must do so within 10 days of the request being served. Failure to comply, instantly gives the owner making the request the statutory authority to appoint a property surveyor on behalf of the recalcitrant party. This procedure is set out in section 10( 4) of the Act.
Where two 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 property surveyors or either of the celebrations to identify the challenged matters and make the essential award. The 3rd surveyor is never ever selected by anybody however the Act provides the person so chose the same statutory powers as the two surveyors.
Third surveyors are most frequently called upon where the two property surveyors have actually reached an impasse in their deliberations over some specific point and often this can be in regard on the reasonableness of the charges of the property surveyor appointed by the adjoining owner. Seldom will a third property surveyor be asked to draw up an award in respect of the entire works but might accompany one or other of the two surveyors to do so if the need arises.
There is no definition of who can be a property surveyor, but it should not be the same individual that will monitor 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 inspection of the works to make sure that they comply with the works, and who will spend for the works. They will generally be needed to pay the charges and the expense of the works if the work is solely for the advantage of the structure owner.
If they disagree with the award, celebrations have 14 days to appeal to the county court.
The Act permits access to the adjacent property for the purposes of performing the works whether the adjoining owner allows or not, however they must be offered 14 days notification.
NB: The intro of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 suggests that from 6 April 2016, notices and other documents can be served by electronic communications.
The info that Notices should supply in regard of works covered the above areas is different in each case. The requirements of Section 1 and Section 6 Notifications 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 disagreement can still develop, and surveyors be selected in accordance with Area 10, in regard of works informed under that area but only as concerns actual dissent on specific premises. An adjoining owner’s reasons for disputing Area 2 and Section 6 works are seldom specified prior to the appointment of surveyors and in numerous cases not even then.
Where dissent has actually emerged, whether actual or considered, both owners are legally obliged to appoint an agreed property surveyor or, if they can not jointly concur on a single individual, a property surveyor each and if requested to make such a consultation by the other party, must do so within 10 days of the request being served.
Around the Web