We are Party Wall Surveyors specialising in party wall problems in UK. We have more than twenty 5 years experience of operating in UK, acting for specialists, organizations, along with for people.
Each quick is distinct, and our dedicated team of party wall surveyors is experienced in dealing with all manner of problems relating to party walls. We are proud to use a bespoke service to match the varying requirements of our clients.
This site is designed to provide standard information as well as providing you the opportunity to call us directly with your problems and requirements, thus allowing our expert Party Wall Surveyors to recommend you accordingly.
The existing legislation handling party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or foundations (consisting of piled foundations).
Our team of Faulkners Surveyors Party Wall Surveyors supplies an unique niche service, which enables you to have the best quality service at competitively priced charges.
For more information contact one of our Faulkners Surveyors Party Wall surveyors on 03300100262.
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 allowing Act, insofar as it gives the owner of a residential or commercial property the legal right to undertake certain works that may otherwise constitute trespass or nuisance.
It likewise looks for to safeguard the interests of adjoining owners from any potentially unfavorable impacts that such works may have by imposing a requirement that all adjoining owners be given prior notice of them.
In addition, the Act attends to a mandatory disagreement resolution procedure mediated by a statutorily appointed property surveyor or surveyors if neighbouring owners have concerns about the execution of any proposition so informed.
Particularly, such notice must be served where the owner of a residential or commercial property (referred to as ‘the structure owner’) means to undertake any construction work described 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 limited to the following:
- Section 1 applies where it is proposed to erect a brand-new wall at a limit that is not already built on.
- Area 2 concerns existing party structures, that include party floors, walls and partitions (that different buildings or parts of buildings), party fence walls (basically a limit wall in between lands in separate ownership which is constructed astride a limit) and, in some circumstances, a neighbour’s independent property.
- Section 6 can apply to excavations up to 6 m away from a building or structure on neighbouring land, subject to depth criteria which the Act sets out.
The details that Observes should provide in respect of works covered the above sections is various in each case. The requirements of Area 1 and Area 6 Notices are set out in those sections but the requirements of a Notice connecting to Area 2 works is set out in Section 3 of the Act. It is essential to note that the credibility of any notification not providing all the appropriate details or served in the incorrect manner, could be open up to challenge in Court.
There is no standard type of Notification although lots of people use those published by the RICS or versions added to the explanatory pamphlet provided by the Department for Communities and Local Government. Nevertheless, supplied all the information required by the pertinent section of the Act is present, a basic letter would be similarly valid.
Depending on the situations of any provided task there might be more than one adjacent owner on whom notice requirements to be served in respect of the very same work and, when it comes to deep excavations, an Adjoining Owner might be besides an instant neighbour. It is always preferable to go over the intended works with adjacent owners prior to serving them with official composed notification – a proposal well described may relieve concerns enough to prevent a disagreement developing and prevent the requirement to designate property surveyors.
There are 2 exceptions where the requirement to serve notice may be avoided:
- De minimis works: The government’s explanatory pamphlet states that some deal with a party wall may be so minor that service of notification under the Act would be normally regarded as not needed and give as examples works not likely 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 wiring or inserting power sockets, and screws to support shelves, kitchen area cupboards, and so on.
- Functions under Area 2 of the Act supplied that written authorization is obtained from all Adjacent Owners and Occupiers prior to work commences.
The three types of Notification are understood, respectively as:
- Area 1: Line of Junction Notification
- Area 3 (for S2 works): Party Structure Notice
- Area 6: Notification of Adjacent Excavation
A party structure notice should be served at least 2 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 starting.
The mandatory information which Sees must consist of 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 Notice:
- The name and address of the structure owner.
- The nature and details of the proposed work.
- The date on which the proposed work will begin.
- Notice of Adjacent Excavation:
- An indicator of the building owner’s propositions.
- A declaration regarding whether or not the structure owner proposes to underpin or otherwise enhance or protect the structures of the structure or structure of the adjoining owner.
- Accompanying strategies and areas revealing: a) the site and depth of any excavation the structure owner proposes to make; b) if he proposes to erect a structure or structure, its website.
Most of the pro-forma notices in use consist of the following details as a matter of course despite the kind of notification:
- The date of the notice.
- If different), the name and addresses of both the structure and adjacent owners (and the addresses of the properties being worked on/affected.
- A statement regarding the start of works relative to the suitable notification duration.
- If the recipient actively dissents from the works or fails to respond within 14 days, an advisory note explaining what happens.
Area 10 of the Act states that where an adjoining owner does not consent in writing to works alerted by the structure owner under Areas 3 and 6, both parties should either agree on the appointment of a single property surveyor to act for both of them (known as the Agreed Property Surveyor), or each appoint their own surveyor, to determine by award matters in dispute in between the parties.
Where a project is straightforward, this may only involve factor to consider of the time and way in which those works are to be carried out. In more complex plans, believed will have to be provided to a commensurately greater number of aspects and certainly designated 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 same procedure is utilized to deal with any subsequent conflicts between neighbouring owners that may occur 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 adjoining owner does not stop the statutory process. A conflict can arise by an adjoining owner actively dissenting, that is, communicating to the structure owner an objection in respect of some matter arising out of or incidental to the works – the ways of making that objection are not important, but if he stays silent, neither dissenting nor consenting for a duration of 14 days after having been served with a Notice under either Area 3 or Section 6, the Act deems a dissent to have arisen in any event.
There is no considered dissent arrangement in Section 1 of the Act. A valid disagreement can still occur, and surveyors be designated in accordance with Area 10, in regard of works alerted under that section however only as concerns real dissent on specific grounds. An adjoining owner’s reasons for contesting Section 2 and Section 6 works are seldom specified prior to the visit of surveyors and in many cases not even then.
Where dissent has occurred, whether actual or considered, both owners are lawfully obliged to appoint a concurred surveyor or, if they can not collectively settle on a single person, a surveyor each and if requested to make such a consultation by the other party, need to do so within 10 days of the request being served. Failure to comply, automatically gives the owner making the demand the statutory authority to select a surveyor on behalf of the recalcitrant party. This procedure is set out in section 10( 4) of the Act.
Where two property surveyors are designated, they are obliged to agree upon the selection, in composing, of a third surveyor who may be hired by either of the surveyors or either of the celebrations to identify the disputed matters and make the necessary award. The 3rd surveyor is never ever appointed by anybody however the Act provides the person so chose the very same statutory powers as the two surveyors.
Third property surveyors are most frequently hired where the two property surveyors have reached a deadlock in their considerations over some particular point and frequently this can be in regard on the reasonableness of the charges of the surveyor appointed by the adjoining owner. Rarely will a 3rd property surveyor be asked to draw up an award in regard of the entire works however may join with one or other of the two property surveyors to do so if the requirement emerges.
There is no definition of who can be a surveyor, however it ought to 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 fees for the preparation of the award and inspection of the works to make sure that they adhere to the works, and who will spend for the works. They will typically be needed to pay the fees and the cost of the works if the work is solely for the benefit of the structure owner.
Parties have 14 days to attract the county court if they disagree with the award.
The Act enables access to the adjoining property for the functions of performing the works whether the adjoining owner allows or not, however they should be given 14 days notification.
NB: The intro of The Party Wall and so on. Act 1996 (Electronic Communications) Order 2016 suggests that from 6 April 2016, notices and other files can be served by electronic communications.
The details that Sees need to supply in regard of works covered the above areas is various in each case. The requirements of Section 1 and Section 6 Notifications are set out in those sections 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 arise, and property surveyors be appointed in accordance with Area 10, in regard of works notified under that section but only as relates to real dissent on particular premises. An adjoining owner’s reasons for contesting Section 2 and Section 6 works are rarely specified prior to the appointment of property surveyors and in lots of cases not even then.
Where dissent has actually developed, whether actual or considered, both owners are legally obliged to designate an agreed property surveyor or, if they can not jointly agree 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 demand being served.
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