We are Party Wall Surveyors specialising in party wall issues in UK. We have more than twenty 5 years experience of working in UK, acting for specialists, services, as well as for individuals.
Each quick is unique, and our dedicated team of party wall surveyors is experienced in dealing with all manner of issues relating to party walls. We are proud to use a bespoke service to match the varying needs of our clients.
This site is designed to offer fundamental information in addition to providing you the opportunity to contact us directly with your problems and requirements, therefore allowing our specialist Party Wall Surveyors to advise you accordingly.
The present legislation dealing with 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, adjacent excavations and/or structures (including stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors provides a special niche service, which enables you to have the very best quality service at competitively priced fees.
For additional information contact among 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 enabling Act, insofar as it approves the owner of a residential or commercial property the legal right to carry out specific works that might otherwise make up trespass or problem.
Nevertheless, it likewise looks for to protect the interests of adjacent owners from any possibly unfavorable impacts that such works may have by enforcing a requirement that all adjacent owners be offered prior notification of them.
In addition, the Act provides for a necessary dispute resolution treatment moderated by a statutorily designated surveyor or surveyors if neighbouring owners have issues about the execution of any proposition so informed.
Particularly, such notification must be served where the owner of a home (referred to as ‘the building owner’) means to undertake any building and construction work explained in Areas 1, 2 and 6 of the Act. Note that it is only those works that are covered by the Act and the scope is limited to the following:
- Area 1 uses where it is proposed to set up a brand-new wall at a limit that is not already built on.
- Section 2 concerns existing party structures, that include party partitions, floorings and walls (that different buildings or parts of buildings), party fence walls (basically a boundary wall between lands in separate ownership which is developed astride a limit) and, in some instances, a neighbour’s independent residential or commercial property.
- Area 6 can apply to excavations approximately 6 m away from a structure or structure on neighbouring land, subject to depth requirements which the Act sets out.
The details that Notices should provide 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 areas but the requirements of a Notification associating with Section 2 works is set out in Section 3 of the Act. It is very important to keep in mind that the validity of any notice not offering all the relevant info or served in the incorrect manner, could be open up to challenge in Court.
There is no standard type of Notice although many individuals use those published by the RICS or variations added to the explanatory booklet released by the Department for Communities and City Government. Provided all the information needed by the appropriate section of the Act is present, an easy letter would be equally valid.
Depending upon the circumstances of any given job there might be more than one adjacent owner on whom notice requirements to be served in regard of the exact same work and, when it comes to deep excavations, an Adjacent Owner might be other than an instant neighbour. It is constantly more suitable to discuss the intended deal with adjoining owners prior to serving them with formal composed notice – a proposal well explained may ease issues enough to prevent a conflict developing and avoid the requirement to select surveyors.
There are 2 exceptions where the requirement to serve notice might be prevented:
- De minimis works: The federal 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 generally considered as not essential and give as examples works not likely to impact the structural strength or assistance functions of a party structure or trigger damage to the neighbours side of it, such as re-plastering, shallow chasing for electrical wiring or inserting power sockets, and screws to support racks, kitchen area cabinets, and so on.
- Works under Area 2 of the Act offered that written consent is obtained from all Adjacent Owners and Occupiers before work commences.
The 3 kinds of Notification are known, respectively as:
- Section 1: Line of Junction Notice
- Section 3 (for S2 works): Party Structure Notice
- Section 6: Notification of Adjacent Excavation
A party structure notification should be served at least 2 months before the date on which it is proposed to begin that work. The other 2 notices need to be served a minimum of one month prior to work beginning.
The necessary information which Discovers must include are as follows:
- Line of Junction Notification:
- A sign of the building owner’s desire to build a wall.
- A description of the wall.
- Party Structure Notice:
- 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 building owner’s proposals.
- A declaration as to whether the structure owner proposes to underpin or otherwise strengthen or secure the structures of the building or structure of the adjoining owner.
- Accompanying plans and areas revealing: a) the website 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 details as a matter of course no matter the type of notification:
- The date of the notification.
- The name and addresses of both the building and adjoining owners (and the addresses of the homes being worked on/affected if different).
- A statement regarding the beginning of works relative to the suitable notification duration.
- If the recipient actively dissents from the works or stops working to respond within 14 days, an advisory note discussing what occurs.
Section 10 of the Act states that where an adjoining owner does not consent in writing to works alerted by the building owner under Areas 3 and 6, both celebrations should either agree on the consultation of a single property surveyor to act for both of them (referred to as the Agreed Surveyor), or each appoint their own surveyor, to identify by award matters in dispute in between the celebrations.
Where a job is straightforward, this may just involve consideration of the time and way in which those works are to be performed. In more complex schemes, believed will have to be provided to a commensurately greater number of factors and undoubtedly designated surveyors have the statutory jurisdiction to make an award in respect of any matter connected with any work to which the act relates.
The very same treatment is utilized to solve any subsequent conflicts between neighbouring owners that may emerge in relation to the alerted works, including any loss or damage suffered by an adjoining owner as a result of their execution.
Inactiveness on the part of the adjacent 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 regard of some matter arising out of or incidental to the works – the ways of making that objection are trivial, but if he remains quiet, neither dissenting nor consenting for a period of 2 week after having been served with a Notification under either Section 3 or Area 6, the Act considers a dissent to have developed in any event.
There is no considered dissent provision in Section 1 of the Act. A valid dispute can still develop, and property surveyors be appointed in accordance with Section 10, in respect of works informed under that section but just as concerns real dissent on particular premises. An adjoining owner’s factors for contesting Section 2 and Section 6 works are rarely specified prior to the visit of surveyors and in most cases not even then.
Where dissent has occurred, whether real or considered, both owners are lawfully obliged to select a concurred property surveyor or, if they can not jointly agree on a bachelor, a surveyor each and if requested to make such a visit by the other party, must do so within 10 days of the request being served. Failure to comply, automatically provides the owner making the request the statutory authority to designate a surveyor on behalf of the recalcitrant party. This procedure is set out in area 10( 4) of the Act.
Where 2 property surveyors are appointed, they are required to agree upon the choice, in writing, of a 3rd property surveyor who might be called upon by either of the surveyors or either of the celebrations to determine the challenged matters and make the necessary award. The third surveyor is never ever selected by anybody however the Act provides the person so picked the very same statutory powers as the two property surveyors.
Third property surveyors are most typically hired where the two property surveyors have actually reached a deadlock in their considerations over some specific point and typically this can be in regard on the reasonableness of the charges of the surveyor appointed by the adjacent owner. Seldom will a 3rd property surveyor be asked to draw up an award in respect of the entire works but might join with one or other of the two surveyors to do so if the requirement develops.
There is no meaning of who can be a property surveyor, however it needs to 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 examination of the works to ensure that they abide by the works, and who will pay for the works. If the work is entirely for the benefit of the structure owner, then they will normally be required to pay the costs and the expense of the works.
If they disagree with the award, celebrations have 14 days to appeal to the county court.
The Act enables access to the adjoining home for the functions of carrying out the works whether the adjoining owner gives permission or not, nevertheless they should be provided 2 week notification.
NB: The introduction of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 suggests that from 6 April 2016, notices and other files can be served by electronic interactions.
The details that Sees must supply in respect of works covered the above areas is various in each case. The requirements of Area 1 and Area 6 Notifications are set out in those sections however the requirements of a Notification relating to Section 2 works is set out in Area 3 of the Act. A valid dispute can still emerge, and surveyors be selected in accordance with Area 10, in regard of works notified under that area but only as relates to actual dissent on particular premises. An adjacent owner’s factors for challenging Section 2 and Area 6 works are rarely specified prior to the visit of surveyors and in numerous cases not even then.
Where dissent has actually developed, whether actual or considered, both owners are legally required to select a concurred surveyor or, if they can not jointly concur on a single person, a property 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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