- Preparing and serving valid Party Wall Notices
- Acting as the Structure Owners Party Wall Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and negotiation of Party Wall Awards
All our Party Wall Surveyors are experts and work in accordance with the regulations set down by the Faculty of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to comply with this legislation might lead to works being unlawful.
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 grants the owner of a home the legal right to undertake certain works that might otherwise constitute trespass or problem.
Nevertheless, it also seeks to secure the interests of adjacent owners from any possibly negative impacts that such works may have by imposing a requirement that all adjoining owners be provided prior notice of them.
In addition, the Act attends to a mandatory disagreement resolution treatment moderated by a statutorily designated property surveyor or surveyors if neighbouring owners have issues about the application of any proposition so informed.
Particularly, such notification should be served where the owner of a residential or commercial property (called ‘the structure owner’) means to carry out any construction work explained in Areas 1, 2 and 6 of the Act. Note that it is just those works that are covered by the Act and the scope is restricted to the following:
- Section 1 uses where it is proposed to put up a brand-new wall at a boundary that is not already built on.
- Area 2 concerns existing party structures, that include party partitions, walls and floorings (that different buildings or parts of structures), party fence walls (essentially a border wall between lands in separate ownership which is constructed astride a border) and, in some circumstances, a neighbour’s independent residential or commercial property.
- Section 6 can apply to excavations as much as 6 m away from a building or structure on neighbouring land, based on depth criteria which the Act sets out.
The details that Sees must provide in regard of works covered the above areas is different in each case. The requirements of Area 1 and Section 6 Notifications are set out in those areas but the requirements of a Notice associating with Area 2 works is set out in Area 3 of the Act. It is important to note that the validity of any notice not providing all the relevant details or served in the inaccurate way, could be available to challenge in Court.
There is no standard kind of Notification although lots of people utilize those published by the RICS or variations added to the explanatory pamphlet provided by the Department for Communities and Local Government. Nevertheless, provided all the details required by the appropriate area of the Act is present, a basic letter would be equally legitimate.
Depending upon the scenarios of any offered job there might be more than one adjoining owner on whom notice needs to be served in respect of the very same work and, when it comes to deep excavations, an Adjoining Owner may be other than an instant neighbour. It is constantly preferable to go over the designated works with adjoining owners prior to serving them with official written notification – a proposition well discussed may ease issues sufficient to prevent a disagreement arising and prevent the need to designate property surveyors.
There are two exceptions where the requirement to serve notice might be avoided:
- De minimis works: The federal government’s explanatory pamphlet says that some deal with a party wall may be so minor that service of notice under the Act would be typically regarded as not needed and give as examples works not likely to affect 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 wiring or placing power sockets, and screws to support shelves, kitchen area cupboards, and so forth.
- Works under Area 2 of the Act provided that composed consent is acquired from all Adjacent Owners and Occupiers before work commences.
The 3 types of Notification are known, respectively as:
- Area 1: Line of Junction Notice
- Section 3 (for S2 works): Party Structure Notification
- Section 6: Notice of Adjacent Excavation
A party structure notification should be served at least two months prior to the date on which it is proposed to start that work. The other 2 notices should be served at least one month prior to work commencing.
The mandatory details which Notices should contain are as follows:
- Line of Junction Notice:
- An indicator 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 particulars of the proposed work.
- The date on which the proposed work will begin.
- Notice of Adjacent Excavation:
- An indication of the structure owner’s proposals.
- A declaration as to whether or not the structure owner proposes to underpin or otherwise reinforce or safeguard the foundations of the structure or structure of the adjacent owner.
- Accompanying areas and plans showing: a) the website and depth of any excavation the building owner proposes to make; b) if he proposes to set up a building or structure, its website.
The majority of the pro-forma notifications in use consist of the following information as a matter of course no matter the kind of notice:
- The date of the notification.
- If different), the name and addresses of both the building and adjacent owners (and the addresses of the properties being worked on/affected.
- A statement regarding the start of works relative to the appropriate notice duration.
- If the recipient actively dissents from the works or stops working to respond within 14 days, an advisory note describing what occurs.
Area 10 of the Act states that where an adjacent owner does not permission in writing to works notified by the building owner under Areas 3 and 6, both parties should either settle on the visit of a single property surveyor to act for both of them (known as the Agreed Property Surveyor), or each appoint their own property surveyor, to identify by award matters in dispute in 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 carried out. In more complex plans, believed will have to be given to a commensurately greater number of aspects and undoubtedly appointed surveyors have the statutory jurisdiction to make an award in regard of any matter connected with any work to which the act relates.
The exact same treatment is utilized to solve any subsequent disputes between neighbouring owners that might arise in relation to the alerted works, consisting of any loss or damage suffered by an adjoining owner as a result of their execution.
Inactiveness on the part of the adjacent owner does not halt the statutory process. A conflict can develop by an adjacent owner actively dissenting, that is, communicating to the building owner an objection in respect of some matter arising out of or incidental to the works – the ways of making that objection are not important, but if he remains silent, neither consenting nor dissenting for a period of 14 days after having actually been served with a Notice under either Area 3 or Area 6, the Act deems a dissent to have arisen in any event.
There is no considered dissent arrangement in Section 1 of the Act. A valid conflict can still arise, and surveyors be designated in accordance with Section 10, in regard of works notified under that area but only as concerns real dissent on specific premises. An adjacent owner’s factors for disputing Section 2 and Area 6 works are hardly ever defined prior to the visit of surveyors and in a lot of cases not even then.
Where dissent has actually developed, whether actual or deemed, both owners are lawfully required to appoint a concurred property surveyor or, if they can not jointly settle on a bachelor, a surveyor each and if asked for 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 select a surveyor on behalf of the recalcitrant party. This procedure is set out in area 10( 4) of the Act.
Where 2 surveyors are selected, they are obliged to agree upon the selection, in composing, of a 3rd surveyor who may be called upon by either of the property surveyors or either of the celebrations to identify the disputed matters and make the needed award. The third property surveyor is never selected by anybody but the Act gives the person so chose the exact same statutory powers as the two property surveyors.
Third surveyors are most frequently hired where the two surveyors have reached an impasse in their deliberations over some particular point and frequently this can be in respect on the reasonableness of the costs of the property surveyor selected by the adjoining owner. Hardly ever will a third property surveyor be asked to prepare an award in respect of the entire works but may join with one or other of the two property surveyors to do so if the requirement arises.
There is no meaning of who can be a property surveyor, however it ought to not be the same person that will supervise the works.
The award will set out the works that can be performed, who will pay the costs for the preparation of the award and examination of the works to guarantee that they abide by the works, and who will spend for the works. If the work is entirely for the benefit of the building owner, then they will normally be needed to pay the charges and the cost of the works.
Parties have 14 days to appeal to the county court if they disagree with the award.
The Act allows access to the adjacent property for the functions of performing the works whether the adjacent owner allows or not, however they need to be given 2 week notice.
NB: The introduction of The Party Wall and so on. Act 1996 (Electronic Communications) Order 2016 means that from 6 April 2016, notifications and other documents can be served by electronic interactions.
The info that Notices must offer in respect of works covered the above sections is different in each case. The requirements of Area 1 and Area 6 Notices are set out in those areas however the requirements of a Notice relating to Area 2 works is set out in Area 3 of the Act. A valid disagreement can still emerge, and surveyors be designated in accordance with Section 10, in respect of works notified under that area but only as regards actual dissent on particular premises. An adjoining owner’s reasons for challenging Section 2 and Area 6 works are seldom specified prior to the consultation of property surveyors and in numerous cases not even then.
Where dissent has actually emerged, whether actual or deemed, both owners are legally required to appoint a concurred surveyor or, if they can not jointly agree on a single individual, a property surveyor each and if requested to make such a consultation by the other party, need to do so within 10 days of the request being served.
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