Faulkners Surveyors is an independent company of structure property surveyors that specialise in the
Party Wall and so on. Act 1996 acting for Structure Owners, Adjacent Owners and as the Agreed Property Surveyor throughout London and the House Counties.
Party Wall (WikiPedia)
THE PARTY WALL ACT 1996- A NEWBIES GUIDE
We appreciate that many people wishing to perform works on their property have the requirements of The Party Wall Act thrust upon at a reasonably late phase in the pre-construction process. We also understand it can be a complicated process for those that have not experienced it before. Here in Faulkners Surveyors, among our senior surveyors, offers his “novices guide” which aims to offer 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 supplies a treatment to follow when developing work includes a party wall or party fence wall, some excavations near neighbouring structures, and new walls at limits. The Act allows owners to perform certain specific works, consisting of work to the full density of a party wall, whilst at the same time protecting the interests of anyone else who might be impacted by that work. The Act is created to avoid or reduce disputes by making certain homeowner inform their neighbours in advance of particular proposed works.
The Act provides a mechanism for dealing with disagreements and enabling works to proceed. It likewise needs that, where the adjacent owner does not ‘agree’ in writing to the works, a surveyor or surveyors will identify the time and way in which those works are performed.
What is a party wall?
Party walls typically separate buildings belonging to different owners but could include garden walls developed astride a limit– called party fence walls. Where a wall separates 2 various size buildings often just the part that is utilized by both properties is a party wall, the rest comes from the individual or individuals on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so consisted of due to the fact that the provisions of the Act are not limited to party walls, they likewise consist of party structures and party fence walls.
Section 20 of the Act specifies each:
” party fence wall” implies a wall (not belonging to a building) which stands on lands of different owners and is used or constructed to be utilized for separating such adjacent lands, but does not include a wall built on the land of one owner the artificially formed assistance of which jobs into the land of another owner;
” party structure” indicates a party wall and likewise a floor partition or other structure separating structures or parts of buildings approached solely by different staircases or separate entrances;
What is covered by the Act?
There are certain items of work that you can just be done after informing the adjoining owners and either receiving written contract 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 moist proof course, even if only to your own side of a party wall.
- raising a party wall and, if needed, cutting off any objects avoiding this from taking place.
- rebuilding a party and destroying 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 three metres of a neighbour’s structure and lower than its structures.
- excavating structures within six metres of a neighbour’s structure and below a line drawn down at 45 ° from the bottom of its foundations.
Notifications are likewise needed if it is proposed to build a brand-new wall on the line of junction (limit line). A party wall property surveyor will generally be able to verify which work is notifiable and advice the notice duration and kind of notice needed.
What is not covered by the Act?
The Act relates only to particular particular kinds of work and is permissive in nature. It should not be seen as a method of objecting to or avoiding works and it is not meant to be applied to small tasks that do not affect the structural stability or loading of a party wall.
It is normally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are small works and do not need a notice.
The workings of the Act are constantly instigated by the of releasing notifications. This is the first stage of the procedure and, without the problem of legitimate notifications, no further action can be taken under the arrangement of the Act.
Composed notification needs to be served on adjoining owners at least 2 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 notice and there are most likely to be instances where there is more than one adjacent residential or commercial property and more than one owner of each residential or commercial property (ie: if the adjacent property is split into flats and owned on a leasehold basis, notifications will be required to both leaseholder and freeholder of all flats affected by the works). Works to a party wall, or those affecting a ceiling or flooring, will likewise need a notice to adjoining owners living above or listed below.
Valid notifications must consist of the following info as a minimum:.
- The name and address of the structure owner;.
- The nature and details of the proposed work including plans, sections and information of building and construction techniques.
- The date on which the proposed work will begin.
It is necessary to include the appropriate details on a notice as, if they are considered void, then any subsequent actions are also void.
Responses To Notices.
On receipt of a notice, an adjacent owner has 3 possible courses of action:.
- To consent to the works going ahead as described. A consenting Adjacent Owner retains all rights under the Act consisting of the right to appoint a property surveyor later on in the process if there is a conflict at that stage.
- To dissent and designate a property surveyor. The Act allows the Owners to concur in the appointment of a single ‘Agreed’ property surveyor or designate their own separate surveyor.
- Release a counter notice to set out specific conditions needed for the advantage of the Adjoining Owner. The Counter Notification need to set out what additional or customized work the Adjoining Owner want to be included for his benefit.
Most of the times, if the adjacent does not react within 14 days then a considered dispute is said to have actually taken place and the person performing the work must appoint a surveyor to act on the adjacent owners behalf.
If adjoining owners supply written grant the works as set out within the notices, then there is no dispute to resolve and no more need for party wall surveyors or, indeed, the Party Wall Act. Assuming work earnings as detailed within no damage and the notification is triggered, then no more involvement is required.
The property surveyors then work together to agree the terms under which work might proceed. The surveyor( s) will examine the plans, notifications and structural details of the works and, after considering the effect 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 generally tape the condition of the relevant part of adjacent residential or commercial property prior to work starts (this is not a requirement under the Act but is considered excellent practice and is properly supplied by the majority of good surveyors). The award might likewise approve access to both properties so that the works can be securely carried out and the surveyor/s can check work in progress.
Usually, the building owner who began the work spends for all costs of work and the affordable costs incurred by all celebrations as a result, this will include the surveyors charges for both Building Owner and Adjoining Owner.
We appreciate that many individuals wishing to carry out works on their home have the requirements of The Party Wall Act thrust upon at a fairly late stage in the pre-construction process. Here, Michael White C.Build.E MCABE MFPWS, one of our senior surveyors, uses his “novices guide” which aims to provide 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 constructing work includes a party wall or party fence wall, some excavations close to neighbouring structures, and brand-new walls at boundaries. The Act permits owners to carry out particular specific works, consisting of work to the complete density of a party wall, whilst at the exact same time protecting the interests of anybody else who might be impacted by that work. Written notification needs to be served on adjacent owners at least 2 months before beginning any party wall works (one month for works to the line of junction or excavations).
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