What is a Party Wall Award?
The process and requirements of a Party Wall Award are as set out in the Party Wall etc. Act 1996. A Party Wall Award is an agreement made between at least 2 neighbouring occupiers prior to the start of construction/building work which is to be undertaken to a party boundary or structure, or where works are being undertaken in close proximity to a party limit or structure. There are three primary types of work which require a Party Wall Surveyor to carry out a Party Wall Award and these are:
- Line of junction (building a brand-new wall on or together with a border).
- Party Structure Works (works to an existing party wall such as cutting into, rebuilding, thickening and so on).
- Nearby Excavation (excavations to a lower level within either 3m or 6m of an existing building).
In London and across the UK, our experienced industrial structure property surveyors perform a range of professional surveying services including Party Wall Studies (Party Wall Awards). At Commercial Structure Surveyors we carry out Party Wall Studies by knowledgeable and expert Party Wall Surveyors throughout the UK.
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 lots of people wishing 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 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 “newbies 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 constructing work includes a party wall or party fence wall, some excavations near to neighbouring structures, and brand-new walls at boundaries. The Act permits owners to perform particular specific works, including work to the full thickness of a party wall, whilst at the same time safeguarding the interests of anybody else who might be impacted by that work. The Act is created to avoid or minimise conflicts by ensuring property owners notify their neighbours in advance of particular proposed works.
The Act supplies a system for dealing with conflicts and enabling works to continue. It likewise needs that, where the adjoining owner does not ‘concur’ in writing to the works, a property surveyor or surveyors will identify the time and method which those works are carried out.
What is a party wall?
Party walls normally separate buildings coming from different owners but could include garden walls constructed astride a boundary– referred to as party fence walls. Where a wall separates 2 various size buildings often only the part that is utilized by both properties is a party wall, the rest belongs to the person or persons 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” suggests a wall (not becoming part of a building) which bases on lands of different owners and is utilized or constructed to be utilized for separating such adjoining lands, however does not include a wall constructed on the land of one owner the synthetically formed assistance of which jobs into the land of another owner;
” party structure” means a party wall and also a flooring partition or other structure separating buildings or parts of buildings approached entirely by different entrances or separate staircases;
What is covered by the Act?
There are particular items of work that you can only be done after notifying 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 (however are not limited to):.
- cutting into a wall to take the bearing of a beam, for instance for a loft conversion.
- inserting a damp evidence course, even if only to your own side of a party wall.
- raising a party wall and, if needed, cutting off any items preventing this from happening.
- demolishing and restoring a party 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 adjacent building.
- excavating foundations 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 foundations.
If it is proposed to build a brand-new wall on the line of junction (border line), notices are also needed. A party wall property surveyor will normally be able to confirm which work is notifiable and guidance the notice duration and type of notification required.
What is not covered by the Act?
The Act relates only to particular particular types of work and is permissive in nature. It ought to not be viewed as an approach of objecting to or preventing works and it is not intended to be applied to minor tasks that do not affect the structural stability or loading of a party wall.
It is generally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not require a notice.
The workings of the Act are always prompted by the of releasing notices. This is the first stage of the process and, without the concern of legitimate notices, no additional action can be taken under the arrangement of the Act.
Written notice should be served on adjacent owners at least two months prior to beginning 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 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 home is split into flats and owned on a leasehold basis, notifications will be needed to both leaseholder and freeholder of all flats affected by the works). Works 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 notices need to consist of the following info as a minimum:.
- The name and address of the building owner;.
- The nature and details of the proposed work including strategies, sections and details of construction techniques.
- The date on which the proposed work will start.
It is essential to consist of the right details on a notice as, if they are considered invalid, then any subsequent actions are likewise void.
Reactions To Notifications.
On invoice of a notice, an adjacent owner has 3 possible strategies:.
- To consent to the works proceeding as explained. If there is a conflict at that stage, a consenting Adjoining Owner keeps all rights under the Act including the right to appoint a surveyor later on in the process.
- To dissent and designate a surveyor. The Act allows the Owners to concur in the consultation of a single ‘Agreed’ property surveyor or designate their own different property surveyor.
- Provide a counter notification to set out certain conditions required for the advantage of the Adjoining Owner. The Counter Notification ought to set out what extra or customized work the Adjoining Owner would like to be included for his advantage.
If the adjacent does not react within 14 days then a considered conflict is stated to have happened and the individual bring out the work must appoint a property surveyor to act on the adjacent owners behalf.
If adjacent owners supply written grant the works as set out within the notices, then there is no disagreement to solve and no more need for party wall surveyors or, undoubtedly, the Party Wall Act. Presuming work profits as detailed within the notice and no damage is triggered, then no further involvement is needed.
The surveyors then work together to agree the terms under which work might proceed. The surveyor( s) will examine the plans, notifications and structural information of the works and, after thinking about the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).
The Party Wall Award.
The award will typically record the condition of the relevant part of adjoining property prior to work begins (this is not a requirement under the Act however is thought about good practice and is duly supplied by a lot of good surveyors). The award may also grant access to both residential or commercial properties so that the works can be securely carried out and the surveyor/s can inspect work in progress.
Normally, the building owner who began the work spends for all costs of work and the reasonable costs incurred by all parties as a result, this will consist of the property surveyors costs for both Structure Owner and Adjoining Owner.
We value that many people wishing to bring out works on their residential or commercial property have the requirements of The Party Wall Act thrust upon at a relatively late stage in the pre-construction procedure. Here, Michael White C.Build.E MCABE MFPWS, one of our senior surveyors, offers his “beginners guide” which intends to offer an outline understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Celebration?
The Party Wall etc Act 1996 supplies a treatment to follow when constructing work includes a party wall or party fence wall, some excavations close to neighbouring buildings, and new walls at limits. The Act allows owners to bring out particular specific works, including work to the complete density of a party wall, whilst at the same time safeguarding the interests of anybody else who might be affected by that work. Composed notification needs to be served on adjacent owners at least 2 months prior to beginning any party wall works (one month for works to the line of junction or excavations).
Around the Web