We are Party Wall Surveyors specialising in party wall problems 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 special, and our devoted team of party wall surveyors is experienced in dealing with all manner of problems associating with party walls. We are proud to use a bespoke service to match the varying requirements of our customers.
This website is created to offer basic information as well as offering you the opportunity to contact us straight with your issues and requirements, therefore allowing our expert Party Wall Surveyors to encourage you appropriately.
The current legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or structures (consisting of stacked structures).
Our group of Faulkners Surveyors Party Wall Surveyors provides a distinct specific niche service, which enables you to have the very best quality service at competitively priced charges.
To find out more contact among our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
THE PARTY WALL ACT 1996- A NEWBIES GUIDE
We appreciate that many people wishing to perform works on their residential or commercial property have the requirements of The Party Wall Act thrust upon at a relatively late stage in the pre-construction process. We likewise understand it can be a complicated process for those that have actually not experienced it before. Here in Faulkners Surveyors, among our senior property surveyors, provides his “beginners guide” which aims to supply an outline understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Act?
The Party Wall etc Act 1996 supplies a procedure to follow when building work includes a party wall or party fence wall, some excavations close to neighbouring buildings, and new walls at limits. The Act allows owners to carry out certain particular works, including work to the full density of a party wall, whilst at the same time protecting the interests of anybody else who might be affected by that work. The Act is developed to avoid or minimise conflicts by ensuring property owners notify their neighbours in advance of certain proposed works.
The Act supplies a mechanism for resolving disagreements and allowing works to continue. It likewise needs that, where the adjacent owner does not ‘agree’ in writing to the works, a surveyor or property surveyors will identify the time and way in which those works are performed.
What is a party wall?
Party walls generally different buildings belonging to various owners however might consist of garden walls developed astride a limit– referred to as party fence walls. Where a wall separates 2 different size structures typically just the part that is utilized by both residential or commercial properties is a party wall, the rest belongs to the person or persons on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so included since the provisions of the Act are not limited to party walls, they also consist of party structures and party fence walls.
Section 20 of the Act specifies each:
” party fence wall” suggests a wall (not belonging to a building) which bases on lands of different owners and is utilized or constructed to be utilized for separating such adjacent lands, but does not consist of a wall built on the land of one owner the synthetically formed support of which projects into the land of another owner;
” party structure” means a party wall and likewise a flooring partition or other structure separating buildings or parts of buildings approached solely by different staircases or separate entrances;
What is covered by the Act?
There are particular products of work that you can just be done after notifying the adjacent owners and either receiving written arrangement of the neighbour or with a Party Wall Award prepared by a surveyor/s.
Notifiable works include (but are not restricted to):.
- cutting into a wall to take the bearing of a beam, for instance for a loft conversion.
- inserting a damp proof course, even if only to your own side of a party wall.
- raising a party wall and, if necessary, cutting off any items preventing this from happening.
- destroying and rebuilding 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 structures within 3 metres of a neighbour’s structure and lower than its foundations.
- excavating foundations within six metres of a neighbour’s structure and listed below a line drawn down at 45 ° from the bottom of its foundations.
Notifications are likewise required if it is proposed to construct a new wall on the line of junction (limit line). A party wall surveyor will generally be able to validate which work is notifiable and recommendations the notice period and kind of notice needed.
What is not covered by the Act?
The Act relates just to certain particular kinds of work and is permissive in nature. It should not be viewed as an approach of objecting to or preventing works and it is not meant to be applied to minor tasks that do not affect the structural stability or loading of a party wall.
It is usually concurred that works such as repairing plug sockets, screwing in shelving or replastering walls are small works and do not require a notification.
The functions of the Act are always instigated by the of providing notices. This is the first stage of the process and, without the issue of legitimate notifications, no further action can be taken under the arrangement of the Act.
Written notice must be served on adjoining owners a minimum of two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners need to be served a notification and there are most likely to be circumstances where there is more than one adjacent residential or commercial property and more than one owner of each property (ie: if the adjacent residential or commercial property is split into flats and owned on a leasehold basis, notices will be needed 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.
Valid notices must contain the following info as a minimum:.
- The name and address of the structure owner;.
- The nature and particulars of the proposed work consisting of plans, areas and information of building approaches.
- The date on which the proposed work will begin.
It is necessary to include the appropriate information on a notification as, if they are considered invalid, then any subsequent actions are likewise void.
Reactions To Notifications.
On invoice of a notification, an adjoining owner has three possible strategies:.
- To grant the works proceeding as described. If there is a disagreement at that stage, a consenting Adjacent Owner keeps all rights under the Act including the right to designate a property surveyor later in the process.
- To dissent and select a surveyor. The Act enables the Owners to concur in the consultation of a single ‘Agreed’ property surveyor or designate their own separate property surveyor.
- Provide a counter notice to set out particular conditions needed for the advantage of the Adjoining Owner. The Counter Notification need to set out what extra or customized work the Adjoining Owner wish to be consisted of for his advantage.
In many cases, if the adjacent does not respond within 14 days then a deemed conflict is stated to have happened and the person carrying out the work must designate a property surveyor to act upon the adjoining owners behalf.
If adjacent owners supply composed grant the works as set out within the notifications, then there is no conflict to deal with and no further need for party wall surveyors or, undoubtedly, the Party Wall Act. Presuming work profits as detailed within the notification and no damage is triggered, then no additional participation is required.
The surveyors then work together to agree the terms under which work might continue. The surveyor( s) will examine the strategies, notifications and structural information of the works and, after considering the impact of the works, will draw up an arrangement which sets out the terms under which work can be carried out (the Award).
The Party Wall Award.
The award will typically tape the condition of the appropriate part of adjacent residential or commercial property prior to work starts (this is not a requirement under the Act but is considered good practice and is properly offered by most excellent surveyors). The award might likewise give access to both homes so that the works can be safely performed and the surveyor/s can inspect work in progress.
Generally, the structure owner who started the work pays for all expenses of work and the sensible costs sustained by all parties as a result, this will consist of the surveyors fees for both Building Owner and Adjoining Owner.
We appreciate that numerous individuals wanting to bring out works on their residential or commercial property have the requirements of The Party Wall Act thrust upon at a relatively late stage in the pre-construction process. Here, Michael White C.Build.E MCABE MFPWS, 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 developing work involves a party wall or party fence wall, some excavations close to neighbouring structures, and brand-new walls at boundaries. The Act allows owners to bring out certain particular works, including work to the full density of a party wall, whilst at the very same time protecting the interests of anyone else who may 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