We pride ourselves on our flexibility and individual participation towards our clients requirements. Faulkners Surveyors are a broadening team of surveyors with a wealth of competence, experience and ability. Then call Faulkners Surveyors for an informative chat, if you are looking for an expert yet versatile technique to all your property matters.
Our surveyors are controlled by the Professors of Party Wall Surveyors and carry expert indemnity insurance coverage to cover their work.
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 BEGINNERS GUIDE
We appreciate that many people wanting to perform deal with their home have the requirements of The Party Wall Act thrust upon at a reasonably late stage in the pre-construction procedure. We also comprehend it can be an overwhelming procedure for those that have not experienced it in the past. Here in Faulkners Surveyors, one of our senior surveyors, provides his “beginners guide” which intends 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 offers a treatment to follow when building work involves a party wall or party fence wall, some excavations near to neighbouring structures, and new walls at limits. The Act permits owners to carry out particular particular works, consisting of work to the full thickness of a party wall, whilst at the same time protecting the interests of anybody else who might be impacted by that work. The Act is designed to prevent or reduce disagreements by making sure property owners alert their neighbours in advance of certain proposed works.
The Act offers a mechanism for resolving disputes and enabling works to continue. It also requires that, where the adjoining owner does not ‘concur’ in writing to the works, a property surveyor or property surveyors will identify the time and method which those works are carried out.
What is a party wall?
Party walls usually separate buildings coming from different owners but might include garden walls developed astride a boundary– called party fence walls. Where a wall separates two various size buildings typically only the part that is utilized by both homes is a party wall, the rest belongs to the individual or individuals on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so consisted of because the arrangements of the Act are not restricted 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 becoming part of a building) which stands on lands of various owners and is utilized or built to be used for separating such adjacent lands, however does not include a wall constructed on the land of one owner the artificially 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 structures approached entirely by different staircases or separate entryways;
What is covered by the Act?
There are specific items of work that you can only be done after notifying the adjacent owners and either getting written arrangement of the neighbour or with a Party Wall Award prepared by a surveyor/s.
Notifiable works consist of (however are not limited to):.
- cutting into a wall to take the bearing of a beam, for example for a loft conversion.
- placing a moist proof course, even if just to your own side of a party wall.
- raising a party wall and, if needed, cutting off any objects avoiding this from happening.
- rebuilding a party and demolishing 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 adjoining building.
- excavating foundations within three metres of a neighbour’s structure and lower than its foundations.
- excavating structures within six metres of a neighbour’s structure and listed below a line drawn down at 45 ° from the bottom of its foundations.
If it is proposed to develop a new wall on the line of junction (boundary line), notices are also required. A party wall property surveyor will generally have the ability to verify which work is notifiable and guidance the notification period and type of notification needed.
What is not covered by the Act?
The Act relates only to particular particular kinds of work and is permissive in nature. It needs to not be seen as an approach of objecting to or avoiding works and it is not intended to be applied to small tasks that do not impact the structural integrity or loading of a party wall.
It is normally agreed that works such as repairing plug sockets, screwing in shelving or replastering walls are small works and do not require a notice.
The workings of the Act are constantly instigated by the of releasing notices. This is the first stage of the process and, without the issue of legitimate notices, no further action can be taken under the arrangement of the Act.
Composed notice must be served on adjacent owners at least two months prior to starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners need to be served a notice and there are most likely to be circumstances where there is more than one adjoining residential or commercial property and more than one owner of each home (ie: if the adjoining residential or commercial property is split into flats and owned on a leasehold basis, notifications will be needed to both leaseholder and freeholder of all flats impacted by the works). Functions to a party wall, or those impacting a ceiling or floor, will likewise require a notice to adjoining owners living above or below.
Valid notifications must consist of the following information as a minimum:.
- The name and address of the building owner;.
- The nature and particulars of the proposed work including strategies, sections and information of building methods.
- The date on which the proposed work will begin.
It is essential to consist of the right information on a notification as, if they are deemed invalid, then any subsequent actions are likewise invalid.
Actions To Notices.
On invoice of a notification, an adjoining owner has three possible courses of action:.
- To grant the works going on as explained. A consenting Adjoining Owner retains all rights under the Act consisting of the right to select a surveyor later while doing so if there is a disagreement at that phase.
- To dissent and designate a surveyor. The Act permits the Owners to concur in the appointment of a single ‘Agreed’ surveyor or designate their own separate surveyor.
- Issue a counter notification to set out particular conditions needed for the advantage of the Adjoining Owner. The Counter Notification must set out what additional or modified work the Adjoining Owner would like to be consisted of for his benefit.
If the adjacent does not respond within 14 days then a considered disagreement is stated to have actually taken place and the individual bring out the work must select a property surveyor to act on the adjoining owners behalf.
If adjacent owners supply composed grant the works as set out within the notices, then there is no disagreement to fix and no additional need for party wall property surveyors or, certainly, the Party Wall Act. Assuming work earnings as detailed within no damage and the notification is triggered, then no additional involvement is necessary.
The property 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 thinking about the effect of the works, will draw up a contract which sets out the terms under which work can be brought out (the Award).
The Party Wall Award.
The award will typically tape-record the condition of the pertinent part of adjacent residential or commercial property before work starts (this is not a requirement under the Act however is considered good practice and is appropriately provided by a lot of great property surveyors). The award might also give access to both properties so that the works can be safely carried out and the surveyor/s can inspect work in development.
Usually, the structure owner who began the work spends for all expenditures of work and the reasonable costs sustained by all parties as a result, this will consist of the property surveyors costs for both Building Owner and Adjoining Owner.
We appreciate that numerous individuals wishing to carry out works on their home have the requirements of The Party Wall Act thrust upon at a reasonably late phase in the pre-construction process. Here, Michael White C.Build.E MCABE MFPWS, one of our senior property surveyors, offers his “newbies guide” which intends to provide a summary understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Celebration?
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 structures, and brand-new walls at borders. The Act allows owners to carry out certain specific works, including work to the complete thickness of a party wall, whilst at the same time protecting the interests of anybody else who might be affected by that work. Composed notice 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