Faulkners Surveyors is an independent company of structure property surveyors that specialise in the
Party Wall etc. Act 1996 acting for Structure Owners, Adjoining Owners and as the Agreed Surveyor throughout London and the Home Counties.
Party Wall (WikiPedia)
A party wall (sometimes parti-wall or parting wall, likewise called typical wall or as a demising wall surface) is a splitting partition in between two adjoining buildings that is shared by the owners of each house or business. Generally, the home builder lays the wall along a residential or commercial property line dividing two terraced residences, to ensure that one half of the wall’s thickness pushes each side. This kind of wall is normally architectural. Celebration wall surfaces can likewise be created by 2 abutting walls constructed at different times. The term can be likewise utilized to define a department in between different units within a multi-unit apartment building. Very commonly the wall surface in this instance is non-structural however made to fulfill well-known criteria for noise and/or fire security, i.e. a firewall.
Party Wall Act
The Party Wall etc. Act 1996 is a making it possible for Act, insofar as it gives the owner of a residential or commercial property the legal right to carry out particular works that may otherwise make up trespass or problem.
However, it likewise looks for to protect the interests of adjoining owners from any possibly negative effects that such works may have by imposing a requirement that all adjacent owners be given prior notification of them.
In addition, the Act attends to a mandatory disagreement resolution procedure moderated by a statutorily selected property surveyor or property surveyors if neighbouring owners have issues about the implementation of any proposition so informed.
Particularly, such notification needs to be served where the owner of a home (called ‘the building owner’) intends to carry out any building work explained in Sections 1, 2 and 6 of the Act. Keep in mind that it is only those works that are covered by the Act and the scope is restricted to the following:
- Section 1 applies where it is proposed to erect a new wall at a limit that is not already built on.
- Area 2 issues existing party structures, that include party partitions, walls and floorings (that separate buildings or parts of buildings), party fence walls (essentially a limit wall between lands in separate ownership which is constructed astride a limit) and, in some circumstances, a neighbour’s independent home.
- Area 6 can apply to excavations approximately 6 m away from a structure or structure on neighbouring land, subject to depth requirements which the Act sets out.
The details that Sees must supply in regard of works covered the above sections is different in each case. The requirements of Section 1 and Area 6 Notices are set out in those areas however the requirements of a Notification associating with Area 2 works is set out in Section 3 of the Act. It is necessary to keep in mind that the validity of any notice not providing all the appropriate information or served in the inaccurate way, could be available to challenge in Court.
There is no standard type of Notification although many people use those released by the RICS or versions added to the explanatory booklet issued by the Department for Communities and City Government. Nevertheless, offered all the details required by the appropriate area of the Act is present, a simple letter would be equally valid.
Depending on the scenarios of any given job there might be more than one adjacent owner on whom notice needs to be served in regard of the exact same work and, in the case of deep excavations, an Adjacent Owner might be other than an instant neighbour. It is always more effective to go over the desired works with adjoining owners before serving them with formal written notice – a proposal well explained may alleviate concerns adequate to prevent a disagreement arising and prevent the need to designate surveyors.
There are 2 exceptions where the need to serve notice might be prevented:
- De minimis works: The federal government’s explanatory pamphlet says that some works on a party wall may be so minor that service of notification under the Act would be typically regarded as not required and give as examples works unlikely to impact the structural strength or assistance functions of a party structure or cause damage to the neighbours side of it, such as re-plastering, shallow chasing for electrical circuitry or inserting power sockets, and screws to support shelves, kitchen cabinets, and so on.
- Works under Section 2 of the Act provided that written consent is gotten from all Adjacent Owners and Occupiers prior to work commences.
The 3 kinds of Notification are known, respectively as:
- Section 1: Line of Junction Notification
- Section 3 (for S2 works): Party Structure Notice
- Section 6: Notice of Adjacent Excavation
A party structure notification must be served at least two months before the date on which it is proposed to begin that work. The other two notices need to be served at least one month prior to work beginning.
The compulsory info which Sees must include are as follows:
- Line of Junction Notice:
- An indicator of the building owner’s desire to build a wall.
- A description of the wall.
- Party Structure Notification:
- The name and address of the building owner.
- The nature and particulars of the proposed work.
- The date on which the proposed work will start.
- Notification of Adjacent Excavation:
- An indication of the structure owner’s propositions.
- A declaration as to whether or not the building owner proposes to underpin or otherwise reinforce or safeguard the structures of the structure or structure of the adjacent owner.
- Accompanying plans and areas showing: a) the site and depth of any excavation the structure owner proposes to make; b) if he proposes to put up a building or structure, its site.
The majority of the pro-forma notifications in use consist of the following information as a matter of course regardless of the type of notification:
- The date of the notification.
- The name and addresses of both the structure and adjacent owners (and the addresses of the homes being worked on/affected if various).
- A statement as to the beginning of works relative to the suitable notification duration.
- An advisory note describing what happens if the recipient actively dissents from the works or stops working to respond within 2 week.
Section 10 of the Act states that where an adjoining owner does not consent in writing to works informed by the building owner under Areas 3 and 6, both celebrations should either settle on the visit of a single property surveyor to act for both of them (called the Agreed Property Surveyor), or each select their own surveyor, to identify by award matters in dispute between the parties.
Where a job is straightforward, this may just include factor to consider of the time and way in which those works are to be performed. In more complex plans, thought will need to be offered to a commensurately greater number of elements and indeed designated property surveyors have the statutory jurisdiction to make an award in regard of any matter connected with any work to which the act relates.
The same treatment is utilized to deal with any subsequent disagreements between neighbouring owners that might emerge in relation to the informed works, consisting of any loss or damage suffered by an adjacent owner as a result of their execution.
Inaction on the part of the adjacent owner does not halt the statutory process. A conflict can develop by an adjoining owner actively dissenting, that is, communicating to the structure owner an objection in respect of some matter developing out of or incidental to the works – the methods of making that objection are trivial, but if he stays silent, neither consenting nor dissenting for a period of 14 days after having actually been served with a Notification under either Area 3 or Section 6, the Act deems a dissent to have actually emerged in any event.
There is no deemed dissent arrangement in Area 1 of the Act. A valid dispute can still occur, and property surveyors be designated in accordance with Area 10, in respect of works informed under that section however only as concerns actual dissent on particular premises. An adjoining owner’s reasons for challenging Section 2 and Section 6 works are rarely specified prior to the appointment of surveyors and in many cases not even then.
Where dissent has actually occurred, whether actual or considered, both owners are legally required to designate an agreed surveyor or, if they can not collectively settle on a single person, a surveyor each and if requested to make such a visit by the other party, must do so within 10 days of the request being served. Failure to comply, instantly gives the owner making the demand the statutory authority to designate a property surveyor on behalf of the recalcitrant party. This treatment is set out in section 10( 4) of the Act.
Where two surveyors are designated, they are required to agree upon the selection, in writing, of a third surveyor who may be hired by either of the property surveyors or either of the parties to figure out the contested matters and make the necessary award. The third property surveyor is never selected by anybody but the Act provides the individual so picked the exact same statutory powers as the two surveyors.
3rd property surveyors are most frequently hired where the two property surveyors have reached a deadlock in their considerations over some particular point and typically this can be in respect on the reasonableness of the costs of the property surveyor selected by the adjoining owner. Seldom will a 3rd surveyor be asked to draw up an award in respect of the entire works however may accompany one or other of the two property surveyors to do so if the requirement occurs.
There is no definition of who can be a property surveyor, however it must not be the same individual that will monitor the works.
The award will set out the works that can be performed, who will pay the charges for the preparation of the award and examination of the works to guarantee that they adhere to the works, and who will pay for the works. If the work is exclusively for the advantage of the structure owner, then they will generally be required to pay the fees and the cost of the works.
Parties have 2 week to appeal to the county court if they disagree with the award.
The Act permits access to the adjacent home for the functions of carrying out the works whether the adjacent owner permits or not, however they need to be offered 14 days notice.
NB: The introduction of The Party Wall and so on. Act 1996 (Electronic Communications) Order 2016 indicates that from 6 April 2016, notifications and other files can be served by electronic interactions.
The details that Discovers must offer in respect of works covered the above areas is different in each case. The requirements of Section 1 and Section 6 Notifications are set out in those areas but the requirements of a Notice relating to Section 2 works is set out in Section 3 of the Act. A valid disagreement can still develop, and surveyors be appointed in accordance with Area 10, in regard of works notified under that section but only as relates to real dissent on specific grounds. An adjoining owner’s factors for challenging Section 2 and Section 6 works are hardly ever specified prior to the appointment of property surveyors and in many cases not even then.
Where dissent has actually emerged, whether actual or deemed, both owners are legally required to appoint an agreed property surveyor or, if they can not collectively concur on a single individual, a property surveyor each and if requested to make such an appointment by the other party, must do so within 10 days of the demand being served.
Around the Web