We are Party Wall Surveyors specialising in party wall issues in UK. We have over twenty five years experience of working in UK, acting for professionals, companies, as well as for people.
Each quick is special, and our dedicated group of party wall property surveyors is experienced in dealing with all manner of problems connecting to party walls. We are proud to offer a bespoke service to match the varying requirements of our clients.
This site is developed to offer basic information in addition to providing you the opportunity to call us directly with your requirements and issues, hence allowing our expert Party Wall Surveyors to encourage you appropriately.
The existing legislation handling party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or structures (consisting of stacked foundations).
Our team of Faulkners Surveyors Party Wall Surveyors provides a special niche service, which allows you to have the best quality service at competitively priced costs.
For additional information contact among our Faulkners Surveyors Party Wall property surveyors on 03300100262.
Party Wall (WikiPedia)
Party Wall Act
The Party Wall etc. Act 1996 is an enabling Act, insofar as it gives the owner of a property the legal right to undertake particular works that may otherwise make up trespass or problem.
Nevertheless, it also seeks to safeguard the interests of adjoining owners from any possibly unfavorable results that such works might have by enforcing a requirement that all adjoining owners be given prior notice of them.
In addition, the Act provides for a mandatory dispute resolution procedure moderated by a statutorily designated property surveyor or surveyors if neighbouring owners have issues about the implementation of any proposal so alerted.
Particularly, such notification must be served where the owner of a residential or commercial property (referred to as ‘the building owner’) plans to undertake any construction work explained in Areas 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:
- Area 1 uses where it is proposed to put up a new wall at a border that is not currently built on.
- Section 2 issues existing party structures, which include party partitions, floorings and walls (that different structures or parts of buildings), party fence walls (essentially a limit wall between lands in separate ownership which is built astride a limit) and, in some instances, a neighbour’s independent residential or commercial property.
- Section 6 can apply to excavations approximately 6 m far from a building or structure on neighbouring land, based on depth requirements which the Act sets out.
The information that Discovers must supply in respect of works covered the above sections is various in each case. The requirements of Section 1 and Area 6 Notices are set out in those areas but the requirements of a Notification relating to Area 2 works is set out in Area 3 of the Act. It is very important to note that the validity of any notification not providing all the relevant details or served in the incorrect way, could be open up to challenge in Court.
There is no basic kind of Notice although many individuals utilize those released by the RICS or variations appended to the explanatory brochure released by the Department for Communities and Local Government. Nevertheless, provided all the information required by the appropriate area of the Act exists, a basic letter would be similarly legitimate.
Depending on the scenarios of any offered task there may be more than one adjacent owner on whom discover needs to be served in respect of the same work and, when it comes to deep excavations, an Adjoining Owner may be other than an instant neighbour. It is constantly preferable to discuss the desired deal with adjacent owners prior to serving them with formal written notification – a proposition well discussed might reduce issues sufficient to prevent a disagreement emerging and avoid the need to select surveyors.
There are 2 exceptions where the requirement to serve notice may be avoided:
- De minimis works: The federal government’s explanatory pamphlet says that some works on a party wall may be so minor that service of notice under the Act would be generally considered not needed 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 wiring or inserting power sockets, and screws to support racks, cooking area cabinets, and so on.
- Works under Area 2 of the Act provided that composed permission is gotten from all Adjoining Owners and Occupiers prior to work commences.
The three types of Notice are known, respectively as:
- Area 1: Line of Junction Notification
- Area 3 (for S2 works): Party Structure Notice
- Section 6: Notice of Adjacent Excavation
A party structure notice should be served a minimum of 2 months before the date on which it is proposed to begin that work. The other 2 notices should be served at least one month prior to work beginning.
The obligatory info which Discovers need to contain are as follows:
- Line of Junction Notification:
- An indicator of the building owner’s desire to construct a wall.
- A description of the wall.
- Party Structure Notice:
- The name and address of the building owner.
- The nature and particulars of the proposed work.
- The date on which the proposed work will begin.
- Notification of Adjacent Excavation:
- An indicator of the building owner’s propositions.
- A declaration as to whether or not the structure owner proposes to underpin or otherwise strengthen or protect the structures of the building or structure of the adjoining owner.
- Accompanying areas and plans revealing: a) the website and depth of any excavation the building owner proposes to make; b) if he proposes to put up a building or structure, its website.
The majority of the pro-forma notices in use consist of the following information as a matter of course despite the type of notification:
- The date of the notice.
- If different), the name and addresses of both the structure and adjoining owners (and the addresses of the residential or commercial properties being worked on/affected.
- A declaration regarding the beginning of works relative to the proper notice period.
- If the recipient actively dissents from the works or fails to respond within 14 days, an advisory note discussing what happens.
Area 10 of the Act specifies that where an adjacent owner does not permission in writing to works notified by the structure owner under Sections 3 and 6, both parties need to either settle on the visit of a single surveyor to act for both of them (called the Agreed Property Surveyor), or each designate their own surveyor, to identify by award matters in dispute between the celebrations.
Where a job is straightforward, this may just involve consideration of the time and manner in which those works are to be performed. In more complex plans, thought will need to be provided to a commensurately greater number of elements and indeed selected 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 procedure is utilized to deal with any subsequent disputes in between neighbouring owners that may arise in relation to the informed works, consisting of any loss or damage suffered by an adjoining owner as a result of their execution.
Inactiveness on the part of the adjacent owner does not stop the statutory process. A dispute can occur by an adjoining owner actively dissenting, that is, interacting to the building owner an objection in respect of some matter emerging out of or incidental to the works – the ways of making that objection are not important, however if he remains silent, neither consenting nor dissenting for a duration of 14 days after having actually been served with a Notification under either Area 3 or Area 6, the Act deems a dissent to have actually occurred in any event.
There is no deemed dissent provision in Section 1 of the Act. A valid dispute can still arise, and property surveyors be designated in accordance with Section 10, in regard of works notified under that area but only as relates to real dissent on specific grounds. An adjacent owner’s factors for challenging Section 2 and Area 6 works are rarely specified prior to the consultation of property surveyors and oftentimes not even then.
Where dissent has actually emerged, whether real or deemed, both owners are lawfully required to designate an agreed surveyor or, if they can not jointly agree on a bachelor, 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. Failure to comply, immediately gives the owner making the request the statutory authority to select a surveyor on behalf of the recalcitrant party. This treatment is set out in section 10( 4) of the Act.
Where two property surveyors are designated, they are required to agree upon the choice, in composing, of a 3rd surveyor who might be hired by either of the property surveyors or either of the parties to determine the contested matters and make the required award. The third property surveyor is never ever appointed by anyone but the Act provides the person so selected the exact same statutory powers as the two property surveyors.
Third property surveyors are most frequently called upon where the two property surveyors have reached an impasse in their deliberations over some specific point and often this can be in respect on the reasonableness of the costs of the property surveyor designated by the adjacent owner. Seldom will a 3rd surveyor be asked to draw up an award in regard of the entire works however might accompany one or other of the two property surveyors to do so if the need emerges.
There is no definition of who can be a property surveyor, but it should 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 fees for the preparation of the award and inspection of the works to ensure that they abide by the works, and who will pay for the works. They will generally be required to pay the costs and the cost of the works if the work is exclusively for the advantage of the building owner.
If they disagree with the award, parties have 14 days to appeal to the county court.
The Act enables access to the adjacent residential or commercial property for the functions of carrying out the works whether the adjoining owner gives permission or not, however they need to be provided 14 days notice.
NB: The introduction of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 suggests that from 6 April 2016, notices and other documents can be served by electronic communications.
The details that Observes must provide 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 areas but the requirements of a Notification relating to Section 2 works is set out in Area 3 of the Act. A valid conflict can still occur, and property surveyors be appointed in accordance with Section 10, in respect of works informed under that section however only as relates to real dissent on particular premises. An adjacent owner’s factors for disputing Area 2 and Area 6 works are seldom specified prior to the consultation of surveyors and in numerous cases not even then.
Where dissent has actually occurred, whether real or considered, both owners are legally obliged to designate an agreed surveyor or, if they can not collectively agree on a single individual, a property surveyor each and if requested to make such a visit by the other party, should do so within 10 days of the demand being served.
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