Faulkners Surveyors (Party Wall) was established in 2010 and has proliferated over the past decade as a specialist company providing dedicated and professional services. Our team are committed to offering a quality service for reasonable and transparent expenses.
Our objective is to make the process as simplistic and smooth as possible by taking all matters forward progressive and in line with the Act. We intend to keep all celebrations up to date with the process and supply assurance and comfort in the understanding that certified experts in Party Wall Matters have been appointed. The assurance that our surveyors are members of the Professors of Party Wall Surveyors and that the company is a recognised RICS company provides a network of security and benefiting aspects of the support and backing of governing bodies.
The director of Faulkners Surveyors (Party Wall) is also a chair for the Northern Home Counties location of the Professors of Faulkners Surveyors (Party Wall) whom supplies regular satisfies to ensure all regional property surveyors have access to ongoing support and training. This makes sure that we are up to date with pertinent and current case Law as well as basic practices and working policies.
Faulkners Surveyors (Party Wall) is therefore not only acknowledged for its professional team and cost effective services by customers but likewise by and within the network of Party Wall Surveyors both locally and nationally.
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 value that many people wishing to perform deal with their residential or commercial property have the requirements of The Party Wall Act thrust upon at a reasonably late stage in the pre-construction procedure. We likewise understand it can be an overwhelming procedure for those that have not experienced it in the past. Here in Faulkners Surveyors, among our senior property surveyors, provides his “newbies guide” which intends to provide an outline understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Act?
The Party Wall etc Act 1996 provides 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 borders. The Act allows owners to carry out particular particular works, consisting of work to the full density of a party wall, whilst at the same time securing the interests of anyone else who might be impacted by that work. The Act is created to prevent or minimise conflicts by ensuring homeowner inform their neighbours in advance of specific proposed works.
The Act offers a mechanism for solving conflicts and allowing works to proceed. It likewise needs that, where the adjacent owner does not ‘concur’ in writing to the works, a property surveyor or property surveyors will identify the time and way in which those works are performed.
What is a party wall?
Party walls normally different buildings coming from various owners but might include garden walls constructed astride a border– referred to as party fence walls. Where a wall separates two various size buildings frequently just the part that is utilized by both residential or commercial properties is a party wall, the rest belongs to the individual or individuals on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so consisted of because the arrangements of the Act are not limited to party walls, they likewise consist of party structures and party fence walls.
Area 20 of the Act specifies each:
” party fence wall” indicates a wall (not being part of a building) which stands on lands of various owners and is utilized or constructed to be used for separating such adjacent lands, however does not consist of a wall constructed on the land of one owner the synthetically formed support of which tasks into the land of another owner;
” party structure” means a party wall and likewise a flooring partition or other structure separating structures or parts of buildings approached solely by different staircases or separate entryways;
What is covered by the Act?
There are certain items of work that you can just be done after notifying the adjacent owners and either receiving written arrangement of the neighbour or with a Party Wall Award prepared by a surveyor/s.
Notifiable works include (but are not limited to):.
- cutting into a wall to take the bearing of a beam, for example 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 avoiding this from happening.
- rebuilding a party and destroying wall.
- underpinning a party wall or part of a party wall.
- weathering the junction of adjacent walls or structures by cutting a flashing into an adjoining building.
- excavating foundations within three metres of a neighbour’s structure and lower than its structures.
- excavating structures within 6 metres of a neighbour’s structure and listed below a line drawn down at 45 ° from the bottom of its structures.
Notices are also needed if it is proposed to build a brand-new wall on the line of junction (limit line). A party wall property surveyor will usually be able to validate which work is notifiable and advice the notification period and kind of notice needed.
What is not covered by the Act?
The Act relates just to certain particular kinds of work and is permissive in nature. It should not be seen as a technique of challenging or avoiding works and it is not meant to be applied to small tasks that do not impact the structural stability or loading of a party wall.
It is normally concurred that works such as repairing plug sockets, screwing in shelving or replastering walls are minor works and do not need a notification.
The operations of the Act are always instigated by the of providing notifications. This is the first stage of the procedure and, without the concern of legitimate notifications, no more action can be taken under the provision of the Act.
Composed notice must be served on adjoining owners at least two months prior to beginning any party wall works (one month for works to the line of junction or excavations). All adjacent owners need to be served a notice and there are most likely to be instances where there is more than one adjoining property and more than one owner of each home (ie: if the adjoining property is divided into flats and owned on a leasehold basis, notices will be needed to both leaseholder and freeholder of all flats impacted by the works). Works to a party wall, or those affecting a ceiling or flooring, will likewise need a notice to adjoining owners living above or below.
Legitimate notifications need to contain the following information as a minimum:.
- The name and address of the structure owner;.
- The nature and particulars of the proposed work including strategies, areas and details of building techniques.
- The date on which the proposed work will start.
It is vital to consist of the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also void.
Responses To Notifications.
On receipt of a notice, an adjacent owner has three possible courses of action:.
- To consent to the works going ahead as described. A consenting Adjacent Owner maintains all rights under the Act including the right to appoint a surveyor later in the process if there is a conflict at that phase.
- To dissent and appoint a surveyor. The Act allows the Owners to concur in the visit of a single ‘Agreed’ surveyor or select their own separate surveyor.
- Release a counter notice to set out particular conditions needed for the benefit of the Adjoining Owner. The Counter Notification should set out what extra or modified work the Adjoining Owner want to be included for his benefit.
In most cases, if the adjoining does not respond within 2 week then a considered conflict is said to have happened and the person carrying out the work should appoint a property surveyor to act on the adjacent owners behalf.
If adjacent owners provide composed consent to the works as set out within the notices, then there is no conflict to solve and no further need for party wall surveyors or, indeed, the Party Wall Act. Presuming work proceeds as detailed within the notification and no damage is caused, then no further participation is necessary.
If adjoining owners dissent to the works (or if no response is gotten and a deemed dissent has developed) then a disagreement has occurred which should be solved under the requirements of Section 10 of The Act. It deserves restating that the Act is one of enablement, it is not there to prevent works from happening and it provides a route to end disagreements at every phase. Where written arrangement is not provided, the solution the Act supplies is for both celebrations to designate an ‘agreed property surveyor’ who will act impartially or for each owner to select a property surveyor who in turn designate a 3rd surveyor. The surveyors then interact to agree the terms under which work may proceed. The property surveyor( s) will evaluate the plans, notifications and structural information of the works and, after considering the effect of the works, will draw up an agreement which sets out the terms under which work can be performed (the Award).
The Party Wall Award.
The award will typically tape the condition of the appropriate part of adjacent property before work starts (this is not a requirement under the Act however is thought about good practice and is duly offered by the majority of great property surveyors). The award might also approve access to both properties so that the works can be safely performed and the surveyor/s can inspect operate in development.
Typically, the structure owner who began the work pays for all expenditures of work and the sensible costs incurred by all celebrations as a result, this will include the surveyors costs for both Building Owner and Adjoining Owner.
We value that lots of people wishing to bring out works on their property have the requirements of The Party Wall Act thrust upon at a fairly late stage in the pre-construction procedure. Here, Michael White C.Build.E MCABE MFPWS, one of our senior property surveyors, offers his “novices guide” which aims to supply an outline understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Act?
The Party Wall etc Act 1996 offers a procedure to follow when constructing work involves a party wall or party fence wall, some excavations close to neighbouring buildings, and new walls at boundaries. The Act allows owners to carry out certain particular works, including work to the complete density of a party wall, whilst at the same time protecting the interests of anybody else who might be impacted by that work. Written notice needs to be served on adjacent owners at least two months before starting any party wall works (one month for works to the line of junction or excavations).
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