- Preparing and serving legitimate Party Wall Notices
- Acting as the Structure Owners Party Wall Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are professionals and operate in accordance with the regulations set down by the Professors of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to adhere to this legislation might result in works being unlawful.
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 etc. Act 1996 is a making it possible for Act, insofar as it approves the owner of a residential or commercial property the legal right to undertake certain works that might otherwise make up trespass or problem.
However, it likewise looks for to secure the interests of adjoining owners from any potentially unfavorable effects that such works may have by enforcing a requirement that all adjacent owners be offered prior notification of them.
In addition, the Act offers a compulsory disagreement resolution treatment mediated by a statutorily selected property surveyor or property surveyors if neighbouring owners have issues about the implementation of any proposition so informed.
Specifically, such notice needs to be served where the owner of a residential or commercial property (called ‘the building owner’) means to carry out any building and construction work explained in Areas 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:
- Area 1 applies 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 buildings), party fence walls (basically a limit wall between lands in separate ownership which is developed astride a limit) and, in some instances, a neighbour’s independent property.
- Section 6 can apply to excavations as much as 6 m away from a building or structure on neighbouring land, subject to depth criteria which the Act sets out.
The info that Discovers need to supply in respect of works covered the above sections is different in each case. The requirements of Area 1 and Section 6 Notices are set out in those sections however the requirements of a Notification associating with Area 2 works is set out in Area 3 of the Act. It is important to keep in mind that the validity of any notification not providing all the appropriate info or served in the inaccurate manner, could be available to challenge in Court.
There is no standard kind of Notice although lots of people utilize those published by the RICS or variations appended to the explanatory brochure provided by the Department for Communities and Local Government. However, provided all the information needed by the appropriate area of the Act exists, a simple letter would be equally legitimate.
Depending on the situations of any given job there might be more than one adjoining owner on whom see needs to be served in regard of the same work and, when it comes to deep excavations, an Adjoining Owner might be aside from an instant neighbour. It is constantly more effective to talk about the desired deal with adjacent owners prior to serving them with formal written notice – a proposal well explained might relieve concerns adequate to prevent a conflict developing and prevent the need to select surveyors.
There are 2 exceptions where the need to serve notice might be avoided:
- De minimis works: The federal government’s explanatory brochure states that some works on a party wall may be so minor that service of notification under the Act would be normally regarded as not essential and give as examples works unlikely to affect the structural strength or support functions of a party structure or trigger damage to the neighbours side of it, such as re-plastering, shallow chasing for electrical wiring or placing power sockets, and screws to support shelves, kitchen area cabinets, and so forth.
- Works under Area 2 of the Act supplied that written approval is obtained from all Adjacent Owners and Occupiers before work commences.
The three kinds of Notification are understood, respectively as:
- Area 1: Line of Junction Notification
- Section 3 (for S2 works): Party Structure Notification
- Area 6: Notice of Adjacent Excavation
A party structure notice need to be served at least two months prior to the date on which it is proposed to begin that work. The other 2 notices need to be served at least one month prior to work commencing.
The compulsory information which Sees need to contain are as follows:
- Line of Junction Notice:
- An indication of the structure owner’s desire to build a wall.
- A description of the wall.
- Party Structure Notification:
- The name and address of the structure owner.
- The nature and details of the proposed work.
- The date on which the proposed work will start.
- Notification of Adjacent Excavation:
- A sign of the building owner’s proposals.
- A statement as to whether the building owner proposes to underpin or otherwise strengthen or protect the foundations of the building or structure of the adjoining owner.
- Accompanying sections and strategies revealing: a) the site and depth of any excavation the building owner proposes to make; b) if he proposes to set up a structure 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 kind of notification:
- The date of the notice.
- If different), the name and addresses of both the building and adjacent owners (and the addresses of the properties being worked on/affected.
- A declaration as to the commencement of works relative to the appropriate notice period.
- An advisory note explaining what occurs if the recipient actively dissents from the works or fails to react within 2 week.
Area 10 of the Act specifies that where an adjacent owner does not approval in writing to works notified by the structure owner under Areas 3 and 6, both parties must either settle on the appointment of a single surveyor to act for both of them (called the Agreed Surveyor), or each appoint their own property surveyor, to identify by award matters in dispute between the parties.
Where a task is straightforward, this might just involve factor to consider of the time and manner in which those works are to be performed. In more complex plans, thought will need to be offered to a commensurately greater number of aspects and indeed designated surveyors have the statutory jurisdiction to make an award in regard of any matter connected with any work to which the act relates.
The exact same procedure is used to resolve any subsequent conflicts in between neighbouring owners that may develop in relation to the notified works, consisting of any loss or damage suffered by an adjoining owner as a result of their execution.
Inactiveness on the part of the adjoining owner does not halt the statutory process. A dispute can emerge by an adjacent owner actively dissenting, that is, communicating to the building owner an objection in respect of some matter arising out of or incidental to the works – the means of making that objection are trivial, but if he stays silent, neither consenting nor dissenting for a duration of 14 days after having been served with a Notice under either Section 3 or Area 6, the Act deems a dissent to have arisen in any event.
There is no deemed dissent provision in Section 1 of the Act. A legitimate conflict can still occur, and property surveyors be selected in accordance with Area 10, in regard of works alerted under that section however only as regards actual dissent on specific grounds. An adjacent owner’s factors for challenging Section 2 and Section 6 works are seldom specified prior to the visit of property surveyors and in many cases not even then.
Where dissent has arisen, whether actual or considered, both owners are lawfully obliged to select a concurred property surveyor or, if they can not collectively settle on a bachelor, a property surveyor each and if requested to make such an appointment by the other party, should do so within 10 days of the request being served. Failure to comply, automatically 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 section 10( 4) of the Act.
Where 2 property surveyors are designated, they are required to agree upon the selection, in composing, of a third property surveyor who might be hired by either of the surveyors or either of the celebrations to figure out the challenged matters and make the necessary award. The third surveyor is never appointed by anybody but the Act provides the person so picked the very same statutory powers as the two surveyors.
3rd surveyors are most frequently called upon where the two property surveyors have actually reached a deadlock in their considerations over some specific point and typically this can be in respect on the reasonableness of the costs of the surveyor appointed by the adjacent owner. Hardly ever will a third surveyor be asked to draw up an award in regard of the whole works however may accompany one or other of the two surveyors to do so if the requirement occurs.
There is no meaning of who can be a surveyor, but it must not be the same individual that will supervise 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 evaluation of the works to ensure that they comply with the works, and who will pay for the works. They will normally be needed to pay the charges and the expense of the works if the work is solely 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 allows access to the adjacent residential or commercial property for the purposes of performing the works whether the adjoining owner gives permission or not, nevertheless they should be given 14 days notice.
NB: The introduction of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 means that from 6 April 2016, notifications and other documents can be served by electronic communications.
The info that Sees need to supply in regard 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 sections however the requirements of a Notice relating to Area 2 works is set out in Section 3 of the Act. A valid dispute can still emerge, and property surveyors be appointed in accordance with Area 10, in respect of works informed under that area however just as concerns real dissent on specific grounds. An adjoining owner’s factors for challenging Section 2 and Area 6 works are seldom defined prior to the visit of surveyors and in lots of cases not even then.
Where dissent has occurred, whether actual or deemed, both owners are legally required to select an agreed surveyor or, if they can not collectively agree on a single individual, a surveyor each and if asked for to make such a consultation by the other party, must do so within 10 days of the demand being served.
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