- Preparing and serving legitimate Party Wall Notices
- Acting as the Structure Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are experts and operate in accordance with the policies set down by the Faculty of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to adhere to this legislation might lead to works being illegal.
Party Wall (WikiPedia)
Party Wall Act
The Party Wall and so on. Act 1996 is an allowing Act, insofar as it grants the owner of a property the legal right to undertake certain works that may otherwise constitute trespass or nuisance.
It also looks for to safeguard the interests of adjacent owners from any potentially unfavorable effects that such works may have by imposing a requirement that all adjoining owners be offered prior notification of them.
In addition, the Act attends to a compulsory disagreement resolution procedure mediated by a statutorily selected surveyor or property surveyors if neighbouring owners have issues about the implementation of any proposal so notified.
Specifically, such notice must be served where the owner of a home (referred to as ‘the building owner’) means to carry out any building work explained in Sections 1, 2 and 6 of the Act. Note that it is just those works that are covered by the Act and the scope is restricted to the following:
- Section 1 uses where it is proposed to set up a new wall at a border that is not already built on.
- Section 2 concerns existing party structures, that include party floorings, walls and partitions (that separate structures or parts of buildings), party fence walls (essentially a border wall in between lands in separate ownership which is developed astride a limit) and, in some circumstances, a neighbour’s independent home.
- Section 6 can apply to excavations up to 6 m far from a structure or structure on neighbouring land, subject to depth requirements which the Act sets out.
The details that Observes should supply in respect of works covered the above sections is different in each case. The requirements of Area 1 and Area 6 Notices are set out in those sections however the requirements of a Notice connecting to Area 2 works is set out in Section 3 of the Act. It is important to keep in mind that the validity of any notice not offering all the pertinent info or served in the inaccurate way, could be open to challenge in Court.
There is no standard type of Notification although lots of people utilize those released by the RICS or variations appended to the explanatory brochure released by the Department for Communities and City Government. Provided all the details needed by the relevant section of the Act is present, a basic letter would be similarly legitimate.
Depending upon the circumstances of any given project there might be more than one adjoining owner on whom see needs to be served in regard of the exact same work and, in the case of deep excavations, an Adjacent Owner might be aside from an immediate neighbour. It is always preferable to discuss the intended works with adjacent owners prior to serving them with formal written notice – a proposition well described may ease issues sufficient to prevent a conflict occurring and prevent the necessity to appoint surveyors.
There are two exceptions where the requirement to serve notice may be prevented:
- De minimis works: The federal government’s explanatory brochure states that some deal with a party wall may be so minor that service of notification under the Act would be generally considered not required and give as examples works unlikely to impact the structural strength or support 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 cabinets, and so on.
- Functions under Section 2 of the Act offered that written consent is obtained from all Adjoining Owners and Occupiers prior to work commences.
The three types of Notification are known, respectively as:
- Section 1: Line of Junction Notice
- Area 3 (for S2 works): Party Structure Notification
- Section 6: Notice of Adjacent Excavation
A party structure notification need to be served at least two months prior to the date on which it is proposed to start that work. The other 2 notifications should be served at least one month prior to work beginning.
The compulsory information which Discovers need to contain 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 details of the proposed work.
- The date on which the proposed work will begin.
- Notification of Adjacent Excavation:
- An indicator of the structure owner’s propositions.
- A declaration regarding whether or not the structure owner proposes to underpin or otherwise enhance or protect the structures of the building or structure of the adjacent owner.
- Accompanying areas and plans revealing: a) the site and depth of any excavation the building owner proposes to make; b) if he proposes to erect a structure or structure, its website.
The majority of the pro-forma notifications in use consist of the following info as a matter of course regardless of the type of notification:
- The date of the notification.
- If different), the name and addresses of both the structure and adjoining owners (and the addresses of the properties being worked on/affected.
- A statement as to the commencement of works relative to the suitable notice duration.
- If the recipient actively dissents from the works or fails to react within 14 days, an advisory note describing what happens.
Section 10 of the Act stipulates that where an adjacent owner does not consent in writing to works informed by the structure owner under Areas 3 and 6, both parties must either agree on the consultation of a single property surveyor to act for both of them (referred to as the Agreed Property Surveyor), or each select their own property surveyor, to determine by award matters in dispute in between the parties.
Where a task is straightforward, this might only include factor to consider of the time and manner in which those works are to be performed. In more complex plans, believed will need to be provided to a commensurately greater number of elements and undoubtedly designated property surveyors have the statutory jurisdiction to make an award in respect of any matter gotten in touch with any work to which the act relates.
The exact same procedure is used to solve any subsequent disputes between neighbouring owners that may emerge in relation to the alerted works, consisting of any loss or damage suffered by an adjacent owner as a result of their execution.
Inactiveness on the part of the adjacent owner does not stop the statutory process. A disagreement can occur by an adjacent 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 stays quiet, neither dissenting nor consenting for a period of 2 week after having been served with a Notice under either Area 3 or Section 6, the Act considers a dissent to have arisen in any event.
There is no considered dissent provision in Area 1 of the Act. A valid conflict can still develop, and property surveyors be appointed in accordance with Area 10, in regard of works informed under that area however just as relates to real dissent on specific grounds. An adjoining owner’s reasons for contesting Section 2 and Section 6 works are hardly ever defined prior to the visit of property surveyors and oftentimes not even then.
Where dissent has actually emerged, whether actual or deemed, both owners are lawfully obliged to select an agreed property surveyor or, if they can not collectively agree on a single person, a property surveyor each and if requested to make such a visit by the other party, need to do so within 10 days of the request being served. Failure to comply, instantly offers the owner making the demand the statutory authority to appoint a surveyor on behalf of the recalcitrant party. This procedure is set out in area 10( 4) of the Act.
Where 2 surveyors are appointed, they are required to agree upon the selection, in writing, of a 3rd surveyor who may be called upon by either of the property surveyors or either of the parties to determine the challenged matters and make the required award. The 3rd surveyor is never selected by anyone however the Act offers the person so selected the same statutory powers as the two surveyors.
3rd surveyors are most frequently hired where the two property surveyors have actually 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 surveyor appointed by the adjacent owner. Seldom will a 3rd property surveyor be asked to draw up an award in regard of the entire works however may accompany one or other of the two surveyors to do so if the need emerges.
There is no definition of who can be a surveyor, but it should 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 fees for the preparation of the award and assessment of the works to ensure that they adhere to the works, and who will pay for the works. They will typically be needed to pay the charges and the expense of the works if the work is solely for the benefit of the building owner.
Parties have 14 days to interest the county court if they disagree with the award.
The Act allows access to the adjoining property for the purposes of performing the works whether the adjoining owner gives permission or not, nevertheless they must be offered 14 days notice.
NB: The intro 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 details that Discovers should provide in respect of works covered the above sections is different in each case. The requirements of Area 1 and Section 6 Notifications are set out in those sections however the requirements of a Notification relating to Area 2 works is set out in Area 3 of the Act. A valid disagreement can still arise, and surveyors be designated in accordance with Area 10, in respect of works notified under that section but only as regards real dissent on specific premises. An adjoining owner’s factors for challenging Area 2 and Section 6 works are seldom specified prior to the visit of property surveyors and in numerous cases not even then.
Where dissent has actually emerged, whether real or deemed, both owners are legally obliged to designate a concurred surveyor or, if they can not collectively agree 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.
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