The Faulkners Surveyors is an expert Chartered Structure Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all aspects of the Party Wall etc. Act 1996 and supplies the following services:
Neutral suggestions on all Party Wall Matters
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Surveyor for either Adjacent Owners or Structure Owners
Acting as the Agreed Party Wall Property Surveyor
Carrying Out Schedules of Condition surveys
Preparation and settlement of Party Wall Awards (Arrangements).
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.
Party Wall Act
The Party Wall and so on. Act 1996 is an enabling Act, insofar as it gives the owner of a property the legal right to undertake certain works that may otherwise constitute trespass or annoyance.
Nevertheless, it also looks for to protect the interests of adjoining owners from any potentially adverse results 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 dispute resolution treatment moderated by a statutorily selected property surveyor or property surveyors if neighbouring owners have concerns about the execution of any proposition so informed.
Specifically, such notification should be served where the owner of a residential or commercial property (called ‘the structure owner’) means to undertake any building work described 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 limited to the following:
- Section 1 uses where it is proposed to set up a new wall at a limit that is not already built on.
- Section 2 issues existing party structures, which include party partitions, walls and floors (that different buildings or parts of structures), party fence walls (basically a border wall between lands in separate ownership which is constructed astride a boundary) and, in some circumstances, a neighbour’s independent residential or commercial property.
- Section 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 info that Discovers need to offer in respect of works covered the above sections is different in each case. The requirements of Section 1 and Section 6 Notifications are set out in those sections however the requirements of a Notice associating with Area 2 works is set out in Section 3 of the Act. It is very important to note that the validity of any notification not offering all the relevant information or served in the incorrect manner, could be open up to challenge in Court.
There is no standard kind of Notice although many people utilize those released by the RICS or variations added to the explanatory booklet provided by the Department for Communities and City Government. However, offered all the information required by the appropriate area of the Act is present, a simple letter would be equally valid.
Depending upon the situations of any provided job there may be more than one adjoining owner on whom discover requirements to be served in regard of the very same work and, when it comes to deep excavations, an Adjacent Owner may be other than an immediate neighbour. It is always more suitable to go over the intended deal with adjacent owners before serving them with official composed notice – a proposition well explained may alleviate issues enough to prevent a conflict arising and prevent the necessity to select surveyors.
There are two exceptions where the need to serve notice may be prevented:
- De minimis works: The government’s explanatory brochure says that some deal with a party wall might be so minor that service of notice under the Act would be usually considered not essential and give as examples works not likely 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 placing power sockets, and screws to support shelves, cooking area cupboards, and so on.
- Functions under Area 2 of the Act offered that written permission is gotten from all Adjoining Owners and Occupiers prior to work commences.
The 3 kinds of Notice are known, respectively as:
- Section 1: Line of Junction Notification
- Section 3 (for S2 works): Party Structure Notification
- Section 6: Notice of Adjacent Excavation
A party structure notification should be served at least 2 months prior to the date on which it is proposed to begin that work. The other 2 notices must be served a minimum of one month prior to work beginning.
The obligatory info which Notices need to consist of are as follows:
- Line of Junction Notification:
- An indication of the structure owner’s desire to construct a wall.
- A description of the wall.
- Party Structure Notification:
- The name and address of the structure owner.
- The nature and particulars of the proposed work.
- The date on which the proposed work will begin.
- Notification of Adjacent Excavation:
- A sign of the structure owner’s proposals.
- A declaration regarding whether the structure owner proposes to underpin or otherwise reinforce or protect the foundations of the building or structure of the adjoining owner.
- Accompanying areas and strategies revealing: a) the website and depth of any excavation the structure owner proposes to make; b) if he proposes to set up a building or structure, its site.
The majority of the pro-forma notices in use consist of the following info as a matter of course regardless of the kind of notification:
- The date of the notice.
- The name and addresses of both the structure and adjoining owners (and the addresses of the properties being worked on/affected if different).
- A statement regarding the start of works relative to the suitable notice duration.
- If the recipient actively dissents from the works or stops working to respond within 14 days, an advisory note describing what takes place.
Area 10 of the Act states that where an adjacent owner does not consent in writing to works notified by the building owner under Areas 3 and 6, both celebrations must either agree on the consultation of a single surveyor to act for both of them (referred to as the Agreed Property Surveyor), or each select their own surveyor, to determine by award matters in dispute in between the celebrations.
Where a task is straightforward, this may just involve factor to consider of the time and way in which those works are to be carried out. In more complex schemes, believed will need to be offered to a commensurately greater number of aspects and indeed designated property surveyors have the statutory jurisdiction to make an award in respect of any matter connected with any work to which the act relates.
The very same procedure is utilized to solve any subsequent conflicts in between neighbouring owners that might develop in relation to the alerted works, including any loss or damage suffered by an adjoining owner as a result of their execution.
Inaction on the part of the adjacent owner does not halt the statutory procedure. A disagreement can occur by an adjoining owner actively dissenting, that is, communicating to the structure owner an objection in regard of some matter arising out of or incidental to the works – the means of making that objection are not important, however if he remains quiet, neither dissenting nor consenting for a duration of 2 week after having actually been served with a Notice under either Section 3 or Area 6, the Act considers a dissent to have occurred in any event.
There is no considered dissent arrangement in Section 1 of the Act. A legitimate disagreement can still arise, and surveyors be selected in accordance with Area 10, in regard of works informed under that section but just as regards real dissent on specific grounds. An adjacent owner’s reasons for contesting Section 2 and Section 6 works are seldom defined prior to the consultation of surveyors and in a lot of cases not even then.
Where dissent has developed, whether real or deemed, both owners are lawfully required to designate a concurred surveyor or, if they can not collectively settle on a bachelor, a surveyor each and if asked for to make such a consultation by the other party, should do so within 10 days of the demand being served. Failure to comply, automatically gives the owner making the request the statutory authority to appoint a surveyor on behalf of the recalcitrant party. This procedure is set out in section 10( 4) of the Act.
Where two surveyors are designated, they are obliged to agree upon the choice, in writing, of a 3rd surveyor who might be hired by either of the surveyors or either of the celebrations to figure out the challenged matters and make the needed award. The 3rd surveyor is never appointed by anybody but the Act offers the individual so chose the exact same statutory powers as the two property surveyors.
Third surveyors are most frequently hired where the two surveyors have actually reached a deadlock in their considerations over some particular point and often this can be in regard on the reasonableness of the costs of the property surveyor selected by the adjacent owner. Hardly ever will a third property surveyor be asked to prepare an award in regard of the whole works however may join with one or other of the two surveyors to do so if the need arises.
There is no meaning of who can be a surveyor, but it needs to not be the same individual that will monitor the works.
The award will set out the works that can be carried out, who will pay the charges for the preparation of the award and evaluation of the works to ensure that they comply with the works, and who will pay for the works. They will typically be needed to pay the fees and the expense of the works if the work is exclusively for the benefit of the building owner.
If they disagree with the award, celebrations have 14 days to appeal to the county court.
The Act permits access to the adjacent home for the purposes of carrying out the works whether the adjacent owner allows or not, nevertheless they should be provided 14 days notice.
NB: The introduction of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 implies that from 6 April 2016, notifications and other files can be served by electronic communications.
The information that Discovers should supply in regard of works covered the above areas is different in each case. The requirements of Section 1 and Area 6 Notifications are set out in those areas but the requirements of a Notification relating to Area 2 works is set out in Section 3 of the Act. A valid dispute can still develop, and property surveyors be designated in accordance with Area 10, in regard of works informed under that section however only as relates to actual dissent on particular premises. An adjoining owner’s reasons for disputing Area 2 and Section 6 works are rarely specified prior to the visit of property surveyors and in many cases not even then.
Where dissent has developed, whether actual or considered, both owners are lawfully obliged to appoint a concurred property surveyor or, if they can not jointly concur on a single individual, a surveyor each and if requested to make such a consultation by the other party, must do so within 10 days of the request being served.
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