The Faulkners Surveyors is a specialist Chartered Structure Surveying Practice that runs throughout UK. The Faulkners Surveyors carries out all aspects of the Party Wall etc. Act 1996 and provides the following services:
Impartial advice on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Surveyor for either Adjoining Owners or Building Owners
Acting as the Agreed Party Wall Property Surveyor
Undertaking Schedules of Condition surveys
Preparation and settlement of Party Wall Awards (Contracts).
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 NOVICES GUIDE
We value that many people wanting to perform works on their home have the requirements of The Party Wall Act thrust upon at a relatively late phase in the pre-construction process. We likewise understand it can be a daunting process for those that have actually not experienced it in the past. Here in Faulkners Surveyors, among our senior property surveyors, offers his “beginners guide” which intends to supply a summary understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Act?
The Party Wall etc Act 1996 supplies a procedure to follow when developing work involves a party wall or party fence wall, some excavations close to neighbouring structures, and brand-new walls at boundaries. The Act permits owners to carry out particular specific works, consisting of work to the full density of a party wall, whilst at the same time protecting the interests of anyone else who might be affected by that work. The Act is designed to avoid or minimise disagreements by making certain property owners alert their neighbours in advance of particular proposed works.
The Act provides a system for resolving conflicts and making it possible for works to continue. It also requires that, where the adjacent owner does not ‘agree’ in writing to the works, a property surveyor or surveyors will determine the time and method which those works are carried out.
What is a party wall?
Party walls typically separate structures coming from various owners but could include garden walls constructed astride a boundary– known as party fence walls. Where a wall separates 2 different size structures typically only the part that is used by both homes is a party wall, the rest comes from 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 restricted to party walls, they also consist of party structures and party fence walls.
Area 20 of the Act specifies each:
” party fence wall” implies a wall (not becoming part of a structure) which stands on lands of various owners and is utilized or built to be used for separating such adjacent lands, however does not include a wall constructed on the land of one owner the synthetically formed assistance of which jobs into the land of another owner;
” party structure” means a party wall and likewise a flooring partition or other structure separating buildings or parts of buildings approached entirely by different entryways or different staircases;
What is covered by the Act?
There are particular products 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 proof course, even if only to your own side of a party wall.
- raising a party wall and, if required, cutting off any things preventing this from occurring.
- demolishing and reconstructing a party wall.
- underpinning a party wall or part of a party wall.
- weathering the junction of adjacent walls or buildings by cutting a flashing into an adjacent building.
- excavating foundations within three metres of a neighbour’s structure and lower than its structures.
- excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45 ° from the bottom of its structures.
Notices are likewise needed if it is proposed to build a brand-new wall on the line of junction (border line). A party wall surveyor will usually have the ability to validate which work is notifiable and advice the notice period and type of notification needed.
What is not covered by the Act?
The Act relates just to particular specific types of work and is liberal in nature. It must not be viewed as a technique of challenging or preventing works and it is not planned to be applied to minor jobs that do not affect the structural integrity or loading of a party wall.
It is typically agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not need a notice.
The operations of the Act are constantly prompted by the of releasing notices. This is the first stage of the procedure and, without the problem of legitimate notifications, no more action can be taken under the provision of the Act.
Written notice should be served on adjoining owners a minimum of 2 months prior to beginning any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notification and there are most likely to be circumstances where there is more than one adjoining home and more than one owner of each home (ie: if the adjacent property is divided into flats and owned on a leasehold basis, notifications will be needed to both leaseholder and freeholder of all flats affected by the works). Works to a party wall, or those impacting a ceiling or flooring, will also need a notice to adjoining owners living above or below.
Valid notifications should include the following information as a minimum:.
- The name and address of the building owner;.
- The nature and details of the proposed work including plans, sections and details of construction methods.
- The date on which the proposed work will begin.
It is vital to include the correct information on a notice as, if they are deemed void, then any subsequent actions are also invalid.
Responses To Notifications.
On receipt of a notification, an adjacent owner has three possible courses of action:.
- To consent to the works proceeding as explained. If there is a conflict at that stage, a consenting Adjoining Owner retains all rights under the Act consisting of the right to appoint a property surveyor later in the procedure.
- To dissent and select a surveyor. The Act allows the Owners to concur in the visit of a single ‘Agreed’ property surveyor or select their own different surveyor.
- Provide a counter notification to set out specific conditions needed for the benefit of the Adjoining Owner. The Counter Notification need to set out what additional or modified work the Adjoining Owner wish to be included for his benefit.
For the most part, if the adjoining does not respond within 14 days then a considered dispute is stated to have occurred and the individual carrying out the work should designate a property surveyor to act upon the adjacent owners behalf.
If adjoining owners provide composed consent to the works as set out within the notices, then there is no disagreement to deal with and no further requirement for party wall surveyors or, certainly, the Party Wall Act. Presuming work proceeds as detailed within the notification and no damage is triggered, then no additional involvement is necessary.
The property surveyors then work together to agree the terms under which work may continue. The surveyor( s) will review the plans, notifications and structural details of the works and, after thinking about the effect of the works, will draw up a contract which sets out the terms under which work can be carried out (the Award).
The Party Wall Award.
The award will typically tape the condition of the relevant part of adjoining property before work begins (this is not a requirement under the Act but is considered good practice and is properly offered by the majority of excellent surveyors). The award might likewise grant access to both residential or commercial properties so that the works can be safely carried out and the surveyor/s can inspect work in development.
Typically, the structure owner who started the work spends for all expenses of work and the sensible expenses incurred by all celebrations as a result, this will consist of the property surveyors costs for both Building Owner and Adjoining Owner.
We value that numerous people wanting to bring out works on their residential or commercial property have the requirements of The Party Wall Act thrust upon at a relatively late phase in the pre-construction process. Here, Michael White C.Build.E MCABE MFPWS, one of our senior surveyors, uses his “novices guide” which intends to provide an outline understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Celebration?
The Party Wall etc Act 1996 offers a treatment to follow when constructing work involves a party wall or party fence wall, some excavations close to neighbouring structures, and brand-new walls at limits. The Act permits owners to bring out certain specific works, consisting of work to the full thickness of a party wall, whilst at the same time protecting the interests of anyone else who might be impacted by that work. Written notification should be served on adjoining owners at least 2 months before starting any party wall works (one month for works to the line of junction or excavations).
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