The Faulkners Surveyors is a specialist Chartered Building Surveying Practice that runs throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall and so on. Act 1996 and offers the following services:
Objective guidance on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Surveyor for either Adjacent Owners or Building Owners
Acting as the Agreed Party Wall Surveyor
Carrying Out Schedules of Condition studies
Preparation and settlement of Party Wall Awards (Arrangements).
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 grants the owner of a property the legal right to carry out specific works that might otherwise make up trespass or annoyance.
Nevertheless, it likewise seeks to protect the interests of adjoining owners from any possibly unfavorable results that such works may have by imposing a requirement that all adjoining owners be given prior notification of them.
In addition, the Act offers an obligatory conflict resolution procedure moderated by a statutorily appointed property surveyor or property surveyors if neighbouring owners have concerns about the application of any proposition so alerted.
Specifically, such notice needs to be served where the owner of a residential or commercial property (referred to as ‘the building owner’) plans to carry out any building and construction work described 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:
- Section 1 uses where it is proposed to put up a brand-new wall at a border that is not already built on.
- Section 2 issues existing party structures, which include party walls, floors and partitions (that separate structures or parts of structures), party fence walls (basically a border wall in between lands in different ownership which is developed astride a limit) and, in some instances, a neighbour’s independent property.
- Section 6 can apply to excavations approximately 6 m far from a building or structure on neighbouring land, subject to depth requirements which the Act sets out.
The details that Discovers should provide in regard of works covered the above areas is various in each case. The requirements of Section 1 and Area 6 Notices are set out in those areas however the requirements of a Notice relating to Section 2 works is set out in Area 3 of the Act. It is very important to keep in mind that the validity of any notification not providing all the pertinent information or served in the incorrect way, could be available to challenge in Court.
There is no standard type of Notification although many people use those released by the RICS or variations appended to the explanatory pamphlet released by the Department for Communities and City Government. However, provided all the details needed by the relevant area of the Act exists, an easy letter would be similarly valid.
Depending upon the circumstances of any provided project there might be more than one adjacent owner on whom observe requirements to be served in regard of the exact same work and, when it comes to deep excavations, an Adjacent Owner may be aside from an instant neighbour. It is constantly more suitable to go over the desired works with adjoining owners before serving them with official composed notification – a proposal well discussed may relieve issues enough to prevent a conflict occurring and prevent the necessity to select property surveyors.
There are two exceptions where the requirement to serve notice may be prevented:
- De minimis works: The government’s explanatory brochure says that some deal with a party wall might be so small that service of notification under the Act would be normally considered as not needed and give as examples works not likely 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 placing power sockets, and screws to support racks, cooking area cabinets, and so forth.
- Functions under Area 2 of the Act provided that composed consent is gotten from all Adjacent Owners and Occupiers prior to work commences.
The three types of Notice are known, respectively as:
- Area 1: Line of Junction Notice
- Area 3 (for S2 works): Party Structure Notice
- Area 6: Notice of Adjacent Excavation
A party structure notification should 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 necessary info which Sees should 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 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:
- A sign of the structure owner’s proposals.
- A statement as to whether the structure owner proposes to underpin or otherwise strengthen or protect the structures of the structure or structure of the adjacent owner.
- Accompanying plans and sections showing: a) the website and depth of any excavation the structure owner proposes to make; b) if he proposes to put up a structure or structure, its website.
Most of the pro-forma notifications in use consist of the following details as a matter of course no matter the kind of notification:
- The date of the notification.
- The name and addresses of both the structure and adjoining owners (and the addresses of the homes being worked on/affected if various).
- A declaration as to the commencement of works relative to the proper notice duration.
- If the recipient actively dissents from the works or fails to respond within 14 days, an advisory note describing what takes place.
Area 10 of the Act stipulates that where an adjacent owner does not consent in writing to works informed by the structure owner under Sections 3 and 6, both celebrations need to either agree on the visit of a single property surveyor to act for both of them (referred to as the Agreed Surveyor), or each select their own property surveyor, to determine by award matters in dispute between the parties.
Where a job is straightforward, this might just include consideration 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 aspects and certainly 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 treatment is utilized to deal with any subsequent disagreements in between neighbouring owners that might develop in relation to the alerted works, including any loss or damage suffered by an adjoining owner as a result of their execution.
Inaction on the part of the adjacent owner does not halt the statutory procedure. A dispute can develop by an adjacent owner actively dissenting, that is, interacting to the building owner an objection in regard 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 period of 14 days after having been served with a Notice under either Area 3 or Area 6, the Act considers a dissent to have arisen in any event.
There is no deemed dissent arrangement in Area 1 of the Act. A valid dispute can still arise, and property surveyors be selected in accordance with Section 10, in respect of works informed under that section however only as relates to real dissent on specific premises. An adjacent owner’s reasons for disputing Area 2 and Section 6 works are rarely defined prior to the appointment of surveyors and in many cases not even then.
Where dissent has arisen, whether real or considered, both owners are lawfully obliged to designate an agreed surveyor or, if they can not collectively agree on a bachelor, a property surveyor each and if requested to make such a visit by the other party, must do so within 10 days of the demand being served. Failure to comply, automatically offers the owner making the request the statutory authority to select a property 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 parties to determine the challenged matters and make the required award. The 3rd property surveyor is never ever appointed by anybody but the Act gives the person so picked the exact same statutory powers as the two property surveyors.
3rd property surveyors are most frequently hired where the two property surveyors have reached an impasse in their considerations over some specific point and often this can be in regard on the reasonableness of the costs of the property surveyor appointed by the adjacent owner. Hardly ever will a 3rd property 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 requirement develops.
There is no meaning of who can be a property surveyor, but it must not be the same individual that will supervise the works.
The award will set out the works that can be carried out, who will pay the charges for the preparation of the award and evaluation of the works to make sure that they adhere to the works, and who will spend for the works. If the work is entirely for the advantage of the structure owner, then they will generally be needed to pay the charges and the cost of the works.
If they disagree with the award, celebrations have 14 days to appeal to the county court.
The Act permits access to the adjacent residential or commercial property for the functions of carrying out the works whether the adjacent owner allows or not, nevertheless they should be offered 2 week notice.
NB: The intro 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 information that Notices must provide 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 areas but the requirements of a Notification relating to Section 2 works is set out in Area 3 of the Act. A legitimate conflict can still emerge, and property surveyors be selected in accordance with Area 10, in regard of works informed under that section however only as regards actual dissent on particular grounds. An adjoining owner’s reasons for contesting Area 2 and Area 6 works are hardly ever defined prior to the appointment of surveyors and in many cases not even then.
Where dissent has occurred, whether real or deemed, both owners are legally required to designate an agreed property surveyor or, if they can not jointly agree on a single individual, a property surveyor each and if asked for to make such a consultation by the other party, need to do so within 10 days of the request being served.
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