- Preparing and serving legitimate Party Wall Notices
- Acting as the Building Owners Party Wall Surveyor
- Acting as the Adjoining Owners Party Wall Surveyor
- Acting as the Agreed Party Wall Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are experts 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 comply with this legislation might result in works being illegal.
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.
THE PARTY WALL ACT 1996- A NOVICES GUIDE
We value that many individuals wishing to carry out works on their residential or commercial property have the requirements of The Party Wall Act thrust upon at a relatively late phase in the pre-construction procedure. We likewise comprehend it can be an overwhelming procedure for those that have not experienced it before. Here in Faulkners Surveyors, one of our senior surveyors, uses his “newbies guide” which intends to supply a summary 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 building work involves a party wall or party fence wall, some excavations close to neighbouring buildings, and brand-new walls at limits. The Act permits owners to carry out certain specific works, including work to the full density of a party wall, whilst at the same time securing the interests of anyone else who might be impacted by that work. The Act is designed to prevent or reduce conflicts by making certain property owners alert their neighbours in advance of certain proposed works.
The Act provides a mechanism for resolving disagreements and making it possible for works to proceed. It also needs that, where the adjacent owner does not ‘concur’ in writing to the works, a surveyor or surveyors will figure out the time and way in which those works are carried out.
What is a party wall?
Party walls normally different buildings belonging to various owners however might include garden walls developed astride a limit– known as party fence walls. Where a wall separates 2 different size buildings typically just the part that is utilized by both properties is a party wall, the rest belongs to the person or individuals on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so included since the arrangements of the Act are not limited to party walls, they likewise include 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 stands on lands of different owners and is utilized or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner the artificially formed support of which tasks 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 separate staircases or different entryways;
What is covered by the Act?
There are certain items of work that you can only be done after informing the adjoining owners and either getting 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.
- placing a damp proof course, even if just to your own side of a party wall.
- raising a party wall and, if essential, cutting off any items avoiding this from happening.
- restoring a party and demolishing wall.
- underpinning a party wall or part of a party wall.
- weathering the junction of adjoining walls or structures by cutting a flashing into an adjoining structure.
- excavating structures within 3 metres of a neighbour’s structure and lower than its structures.
- excavating foundations within six metres of a neighbour’s structure and listed below a line drawn down at 45 ° from the bottom of its structures.
If it is proposed to construct a new wall on the line of junction (limit line), notifications are likewise required. A party wall surveyor will typically be able to validate which work is notifiable and suggestions the notice duration and type of notification needed.
What is not covered by the Act?
The Act relates just to certain particular kinds of work and is permissive in nature. It ought to not be seen as an approach of objecting to or preventing works and it is not planned to be applied to minor tasks that do not impact the structural stability or loading of a party wall.
It is typically concurred that works such as repairing plug sockets, screwing in shelving or replastering walls are minor works and do not need a notification.
The workings of the Act are always prompted by the of issuing notifications. This is the first stage of the process and, without the problem of valid notices, no additional action can be taken under the arrangement of the Act.
Composed notice should be served on adjoining owners at least 2 months prior to starting any party wall works (one month for works to the line of junction or excavations). All adjacent owners should be served a notification and there are likely to be instances where there is more than one adjoining residential or commercial property and more than one owner of each residential or commercial 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 affected by the works). Functions to a party wall, or those affecting a ceiling or floor, will likewise need a notification to adjacent owners living above or listed below.
Legitimate notifications need to consist of the following info as a minimum:.
- The name and address of the structure owner;.
- The nature and particulars of the proposed work including plans, areas and details of building methods.
- The date on which the proposed work will begin.
It is essential to consist of the proper details on a notice as, if they are deemed invalid, then any subsequent actions are also void.
Actions To Notifications.
On receipt of a notice, an adjacent owner has three possible courses of action:.
- To grant the works proceeding as explained. A consenting Adjoining Owner retains all rights under the Act consisting of the right to appoint a property surveyor later at the same time if there is a dispute at that phase.
- To dissent and select a surveyor. The Act enables the Owners to concur in the visit of a single ‘Agreed’ surveyor or designate their own separate surveyor.
- Issue a counter notice to set out certain conditions needed for the benefit of the Adjoining Owner. The Counter Notification need to set out what additional or modified work the Adjoining Owner want to be included for his advantage.
If the adjacent does not respond within 14 days then a considered dispute is said to have happened and the person bring out the work needs to select a surveyor to act on the adjoining owners behalf.
If adjoining owners offer composed consent to the works as set out within the notifications, then there is no conflict to fix and no additional need for party wall property surveyors or, undoubtedly, the Party Wall Act. Assuming work earnings as detailed within no damage and the notification is triggered, then no more involvement is necessary.
The surveyors then work together to concur the terms under which work might proceed. The property surveyor( s) will examine the strategies, notices and structural details 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 brought out (the Award).
The Party Wall Award.
The award will usually record the condition of the appropriate part of adjoining residential or commercial property before work starts (this is not a requirement under the Act however is thought about good practice and is properly supplied by most good property surveyors). The award might likewise grant access to both homes so that the works can be safely carried out and the surveyor/s can check work in development.
Typically, the structure owner who began the work pays for all expenditures of work and the affordable expenses sustained by all parties as a result, this will consist of the surveyors charges for both Building Owner and Adjoining Owner.
We appreciate that many people wishing to carry out works on their property have the requirements of The Party Wall Act thrust upon at a fairly late phase in the pre-construction process. Here, Michael White C.Build.E MCABE MFPWS, one of 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 provides a treatment to follow when developing work includes a party wall or party fence wall, some excavations close to neighbouring buildings, and brand-new walls at borders. The Act permits owners to carry out particular specific works, including work to the full thickness of a party wall, whilst at the very same time protecting the interests of anybody else who might be affected by that work. Written notice should be served on adjacent owners at least 2 months before starting any party wall works (one month for works to the line of junction or excavations).
Around the Web