- Preparing and serving legitimate 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 Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are specialists and work in accordance with the policies set down by the Professors of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to abide by this legislation might lead to works being illegal.
Party Wall (WikiPedia)
Party Wall Act
The Party Wall and so on. Act 1996 is an enabling Act, insofar as it grants the owner of a residential or commercial property the legal right to carry out certain works that might otherwise constitute trespass or problem.
Nevertheless, it likewise seeks to protect the interests of adjoining owners from any possibly unfavorable effects that such works may have by imposing a requirement that all adjoining owners be offered prior notice of them.
In addition, the Act offers an obligatory disagreement resolution treatment moderated by a statutorily designated surveyor or property surveyors if neighbouring owners have concerns about the application of any proposal so informed.
Particularly, such notification must be served where the owner of a residential or commercial property (called ‘the structure owner’) plans to undertake any building and construction work explained 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 limited to the following:
- Section 1 applies where it is proposed to put up a brand-new wall at a boundary that is not currently built on.
- Area 2 issues existing party structures, which include party floors, walls and partitions (that separate structures or parts of structures), 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 as much as 6 m far from a structure or structure on neighbouring land, subject to depth criteria which the Act sets out.
The details that Sees must supply 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 sections however 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 credibility of any notification not supplying all the pertinent details or served in the incorrect way, could be open up to challenge in Court.
There is no basic form of Notice although many people utilize those released by the RICS or versions appended to the explanatory pamphlet provided by the Department for Communities and City Government. However, supplied all the details required by the appropriate area of the Act exists, a basic letter would be equally valid.
Depending on the circumstances of any offered job there might be more than one adjoining owner on whom discover requirements to be served in regard of the same work and, in the case of deep excavations, an Adjacent Owner might be other than an immediate neighbour. It is always more effective to talk about the designated deal with adjoining owners before serving them with official composed notice – a proposal well explained might relieve issues adequate to prevent a dispute developing and prevent the requirement to select surveyors.
There are two exceptions where the requirement to serve notice might be avoided:
- De minimis works: The government’s explanatory pamphlet states that some deal with a party wall may be so small that service of notification under the Act would be normally regarded 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 racks, cooking area cabinets, and the like.
- Works under Section 2 of the Act supplied that composed approval is acquired from all Adjoining Owners and Occupiers prior to work commences.
The three types of Notification are known, respectively as:
- Area 1: Line of Junction Notice
- Area 3 (for S2 works): Party Structure Notice
- Area 6: Notice of Adjacent Excavation
A party structure notice should be served at least two months prior to the date on which it is proposed to start that work. The other 2 notifications should be served at least one month prior to work commencing.
The necessary details which Notices need to include 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 Notification:
- The name and address of the structure owner.
- The nature and details of the proposed work.
- The date on which the proposed work will begin.
- Notification of Adjacent Excavation:
- An indication of the structure owner’s proposals.
- A declaration regarding whether or not the structure owner proposes to underpin or otherwise enhance or protect the foundations of the building or structure of the adjoining owner.
- Accompanying sections and strategies showing: a) the site and depth of any excavation the building owner proposes to make; b) if he proposes to put up a building or structure, its site.
Most of the pro-forma notices in use consist of the following info as a matter of course despite the kind of notification:
- The date of the notification.
- The name and addresses of both the structure and adjacent owners (and the addresses of the residential or commercial properties being worked on/affected if various).
- A statement regarding the beginning of works relative to the proper notice period.
- If the recipient actively dissents from the works or fails to respond within 14 days, an advisory note describing what happens.
Area 10 of the Act stipulates that where an adjoining owner does not authorization in writing to works notified by the building owner under Areas 3 and 6, both celebrations must either agree on the visit of a single surveyor to act for both of them (referred to as the Agreed Property Surveyor), or each appoint their own property surveyor, to determine by award matters in dispute between the celebrations.
Where a project is straightforward, this may only involve consideration of the time and manner in which those works are to be performed. In more complex plans, believed will need to be provided to a commensurately greater number of elements and indeed 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 very same treatment is used to solve any subsequent disputes in between neighbouring owners that may develop in relation to the informed works, including any loss or damage suffered by an adjoining owner as a result of their execution.
Inaction on the part of the adjoining owner does not halt the statutory procedure. A disagreement can emerge by an adjacent owner actively dissenting, that is, communicating to the structure owner an objection in regard of some matter arising out of or incidental to the works – the methods of making that objection are trivial, however if he remains quiet, neither dissenting nor consenting for a period of 2 week after having 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 Area 1 of the Act. A legitimate conflict can still develop, and surveyors be selected in accordance with Area 10, in regard of works alerted under that section but just as relates to actual dissent on particular grounds. An adjoining owner’s reasons for contesting Section 2 and Section 6 works are seldom specified prior to the visit of surveyors and in most cases not even then.
Where dissent has developed, whether actual or deemed, both owners are lawfully obliged to appoint a concurred 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, need to do so within 10 days of the request being served. Failure to comply, automatically gives the owner making the request the statutory authority to appoint a surveyor on behalf of the recalcitrant party. This treatment is set out in area 10( 4) of the Act.
Where two property surveyors are selected, they are obliged to agree upon the choice, in writing, of a third surveyor who may be hired by either of the surveyors or either of the celebrations to figure out the challenged matters and make the needed award. The third property surveyor is never selected by anybody however the Act offers the person so chose the same statutory powers as the two property surveyors.
3rd property surveyors are most typically called upon where the two surveyors have reached an impasse in their considerations over some particular point and frequently this can be in respect on the reasonableness of the fees of the property surveyor appointed by the adjacent owner. Seldom will a third surveyor be asked to draw up an award in regard of the entire works but may accompany one or other of the two surveyors to do so if the requirement arises.
There is no meaning of who can be a property surveyor, but it ought to not be the same individual that will monitor the works.
The award will set out the works that can be carried out, who will pay the costs for the preparation of the award and evaluation of the works to guarantee that they abide by the works, and who will pay for the works. They will normally be required to pay the fees and the expense of the works if the work is entirely for the benefit of the structure owner.
If they disagree with the award, parties have 14 days to appeal to the county court.
The Act enables access to the adjoining residential or commercial property for the functions of carrying out the works whether the adjoining owner permits or not, nevertheless they must be offered 2 week notice.
NB: The intro of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 implies that from 6 April 2016, notifications and other files can be served by electronic interactions.
The details that Observes must offer in regard 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 sections however the requirements of a Notice relating to Area 2 works is set out in Area 3 of the Act. A valid conflict can still emerge, and property surveyors be appointed in accordance with Area 10, in regard of works informed under that area however just as concerns real dissent on particular premises. An adjacent owner’s reasons for disputing Area 2 and Section 6 works are hardly ever defined prior to the appointment of surveyors and in numerous cases not even then.
Where dissent has actually arisen, whether real or considered, both owners are legally obliged to appoint 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 an appointment by the other party, need to do so within 10 days of the request being served.
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