Faulkners Surveyors As qualified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element required to recommend upon and deal with Party Wall problems, such as:
- Preparing and serving valid 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 Property Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and negotiation 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 may result in works being unlawful.
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 NEWBIES GUIDE
We value that many people wanting to carry out deal with their residential or commercial property have the requirements of The Party Wall Act thrust upon at a fairly late phase in the pre-construction procedure. We also comprehend it can be a difficult process for those that have not experienced it in the past. Here in Faulkners Surveyors, among our senior property surveyors, provides his “newbies guide” which aims to provide 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 provides a procedure to follow when constructing work includes a party wall or party fence wall, some excavations near neighbouring structures, and brand-new walls at borders. 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 anybody else who might be impacted by that work. The Act is designed to prevent or minimise disagreements by making sure property owners alert their neighbours in advance of specific proposed works.
The Act supplies a system for solving conflicts and enabling works to continue. It likewise needs that, where the adjacent owner does not ‘agree’ in writing to the works, a property surveyor or property surveyors will identify the time and way in which those works are carried out.
What is a party wall?
Party walls generally separate structures belonging to various owners but might include garden walls developed astride a border– referred to as party fence walls. Where a wall separates two different size buildings frequently only the part that is utilized by both properties is a party wall, the rest comes from the person or individuals on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so included because the provisions of the Act are not limited to party walls, they also include party structures and party fence walls.
Area 20 of the Act defines each:
” party fence wall” implies a wall (not becoming part of a building) which stands on lands of various owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner the synthetically formed assistance of which tasks into the land of another owner;
” party structure” implies a party wall and also a flooring partition or other structure separating structures or parts of structures approached entirely by separate staircases or separate entryways;
What is covered by the Act?
There are particular items of work that you can just be done after notifying the adjacent owners and either receiving written agreement of the neighbour or with a Party Wall Award prepared by a surveyor/s.
Notifiable works consist of (but are not limited to):.
- cutting into a wall to take the bearing of a beam, for example for a loft conversion.
- placing a wet proof course, even if just to your own side of a party wall.
- raising a party wall and, if necessary, cutting off any objects avoiding this from occurring.
- demolishing and restoring 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 foundations within 3 metres of a neighbour’s structure and lower than its foundations.
- excavating structures within 6 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 (limit line), notifications are likewise needed. A party wall surveyor will generally have the ability to confirm which work is notifiable and advice the notification duration and type of notice required.
What is not covered by the Act?
The Act relates just to certain specific kinds of work and is permissive in nature. It ought to not be seen as a technique of objecting to or preventing works and it is not planned to be applied to minor tasks that do not affect the structural stability or loading of a party wall.
It is usually 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 prompted by the of issuing notifications. This is the first stage of the procedure and, without the issue of legitimate notifications, no additional action can be taken under the arrangement of the Act.
Composed notification 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 adjoining owners should be served a notice 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 home (ie: if the adjoining home is divided into flats and owned on a leasehold basis, notifications will be needed to both leaseholder and freeholder of all flats impacted by the works). Works to a party wall, or those affecting a ceiling or flooring, will likewise need a notice to adjacent owners living above or listed below.
Valid notifications need to contain the following details 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 construction methods.
- The date on which the proposed work will begin.
It is necessary to consist of the right details on a notice as, if they are considered void, then any subsequent actions are also void.
Actions To Notices.
On invoice of a notification, an adjoining owner has three possible strategies:.
- To consent to the works proceeding as described. If there is a conflict at that stage, a consenting Adjacent Owner keeps all rights under the Act including the right to appoint a surveyor later on in the procedure.
- To dissent and designate a surveyor. The Act enables the Owners to concur in the visit of a single ‘Agreed’ property surveyor or designate their own different property surveyor.
- Issue a counter notification to set out specific conditions required for the advantage of the Adjoining Owner. The Counter Notification need to set out what extra or customized work the Adjoining Owner want to be included for his advantage.
In most cases, if the adjoining does not react within 2 week then a deemed conflict is stated to have actually taken place and the person carrying out the work should select a surveyor to act upon the adjacent owners behalf.
If adjoining owners offer composed consent to the works as set out within the notices, then there is no disagreement to deal with and no more need for party wall surveyors or, indeed, the Party Wall Act. Assuming work proceeds as detailed within no damage and the notice is caused, then no further participation is needed.
The surveyors then work together to agree the terms under which work may proceed. The surveyor( s) will evaluate the plans, notices and structural information of the works and, after thinking about the effect 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 normally record the condition of the appropriate part of adjacent property before work begins (this is not a requirement under the Act but is thought about great practice and is appropriately offered by most excellent surveyors). The award may also give access to both properties so that the works can be securely carried out and the surveyor/s can inspect work in progress.
Typically, the structure owner who started the work spends for all costs of work and the affordable expenses sustained by all celebrations as a result, this will include the property surveyors charges for both Building Owner and Adjoining Owner.
We value that lots of people wanting to bring out works on their property have the requirements of The Party Wall Act thrust upon at a reasonably late phase in the pre-construction procedure. Here, Michael White C.Build.E MCABE MFPWS, one of our senior surveyors, uses his “newbies guide” which intends to provide an overview 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 new walls at borders. The Act allows owners to carry out certain particular works, consisting of work to the full density of a party wall, whilst at the very same time securing the interests of anyone else who might be impacted by that work. Composed notice should 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).
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