Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element needed to encourage upon and resolve Party Wall problems, such as:
- Preparing and serving legitimate Party Wall Notices
- Acting as the Structure Owners Party Wall Property 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 negotiation of Party Wall Awards
All our Party Wall Surveyors are specialists and operate in accordance with the regulations set down by the Professors of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to abide by this legislation may lead to works being illegal.
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 home the legal right to carry out certain works that may otherwise make up trespass or problem.
Nevertheless, it also seeks to safeguard the interests of adjoining owners from any possibly unfavorable effects that such works may have by enforcing a requirement that all adjacent owners be offered prior notice of them.
In addition, the Act offers a mandatory disagreement resolution treatment moderated by a statutorily selected surveyor or surveyors if neighbouring owners have issues about the application of any proposal so notified.
Particularly, such notification should be served where the owner of a property (known as ‘the building owner’) means to carry out any building work explained in Areas 1, 2 and 6 of the Act. Keep in mind that it is just those works that are covered by the Act and the scope is restricted to the following:
- Area 1 uses where it is proposed to set up a brand-new wall at a border that is not already built on.
- Area 2 issues existing party structures, which include party walls, partitions and floors (that different buildings or parts of structures), party fence walls (basically a limit wall between lands in separate ownership which is constructed astride a boundary) and, in some circumstances, a neighbour’s independent residential or commercial property.
- Section 6 can apply to excavations as much as 6 m away from a structure or structure on neighbouring land, subject to depth requirements which the Act sets out.
The info that Notices must supply in regard of works covered the above areas is various in each case. The requirements of Section 1 and Section 6 Notices are set out in those sections however the requirements of a Notification relating to 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 offering all the appropriate details or served in the incorrect way, could be open to challenge in Court.
There is no standard type of Notification although many individuals use those published by the RICS or variations appended to the explanatory pamphlet provided by the Department for Communities and Local Government. However, supplied all the info needed by the relevant section of the Act is present, an easy letter would be similarly legitimate.
Depending on the scenarios of any offered job there may be more than one adjoining owner on whom discover needs to be served in regard of the same work and, when it comes to deep excavations, an Adjacent Owner may be other than an instant neighbour. It is constantly more effective to discuss the designated deal with adjacent owners prior to serving them with official composed notice – a proposition well discussed might alleviate concerns adequate to prevent a disagreement developing and prevent the requirement to appoint surveyors.
There are 2 exceptions where the need to serve notice might be prevented:
- De minimis works: The government’s explanatory booklet says that some deal with a party wall may be so minor that service of notice under the Act would be usually regarded as not needed and give as examples works unlikely 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 circuitry or placing power sockets, and screws to support shelves, cooking area cabinets, and so forth.
- Functions under Section 2 of the Act offered that composed authorization is obtained from all Adjoining Owners and Occupiers before work commences.
The three kinds of Notice are known, 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 notification should be served a minimum of 2 months before the date on which it is proposed to start that work. The other 2 notifications should be served a minimum of one month prior to work commencing.
The necessary information which Sees should consist of are as follows:
- Line of Junction Notification:
- A sign of the structure owner’s desire to construct a wall.
- A description of the wall.
- Party Structure Notice:
- The name and address of the building owner.
- The nature and particulars of the proposed work.
- The date on which the proposed work will begin.
- Notification of Adjacent Excavation:
- An indication of the building owner’s propositions.
- A statement as to whether the building owner proposes to underpin or otherwise strengthen or secure the structures of the structure or structure of the adjacent owner.
- Accompanying plans and areas revealing: a) the website and depth of any excavation the structure owner proposes to make; b) if he proposes to put up a building or structure, its site.
Most of the pro-forma notices in use consist of the following info as a matter of course regardless of the kind of notice:
- The date of the notification.
- The name and addresses of both the building and adjacent owners (and the addresses of the residential or commercial properties being worked on/affected if various).
- A statement as to the beginning of works relative to the appropriate notice period.
- If the recipient actively dissents from the works or fails to react within 14 days, an advisory note describing what occurs.
Area 10 of the Act specifies that where an adjoining owner does not permission in writing to works informed by the building owner under Areas 3 and 6, both parties must either settle on the consultation of a single property surveyor to act for both of them (known as the Agreed Property Surveyor), or each appoint their own property surveyor, to identify by award matters in dispute in between the parties.
Where a task is straightforward, this might only include consideration of the time and way in which those works are to be performed. In more complex schemes, believed will have to be given to a commensurately greater number of aspects and certainly appointed 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 procedure is used to resolve any subsequent conflicts in between neighbouring owners that might develop in relation to the informed 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 process. A disagreement can occur by an adjoining owner actively dissenting, that is, communicating to the building owner an objection in respect of some matter developing out of or incidental to the works – the methods of making that objection are not important, however if he remains quiet, neither consenting nor dissenting for a period of 2 week after having actually been served with a Notice under either Section 3 or Area 6, the Act deems a dissent to have actually arisen in any event.
There is no deemed dissent arrangement in Area 1 of the Act. A legitimate disagreement can still develop, and property surveyors be appointed in accordance with Area 10, in regard of works alerted under that section but only as concerns actual dissent on particular grounds. An adjoining owner’s reasons for challenging Section 2 and Section 6 works are hardly ever specified prior to the visit of surveyors and in a lot of cases not even then.
Where dissent has occurred, whether actual or deemed, both owners are legally obliged to appoint a concurred surveyor or, if they can not collectively agree on a bachelor, a property surveyor each and if requested to make such a consultation by the other party, need to do so within 10 days of the demand being served. Failure to comply, automatically gives the owner making the request the statutory authority to select a surveyor on behalf of the recalcitrant party. This treatment is set out in section 10( 4) of the Act.
Where 2 property surveyors are selected, they are required to agree upon the selection, in composing, of a 3rd surveyor who might be hired by either of the surveyors or either of the parties to determine the disputed matters and make the necessary award. The third surveyor is never designated by anybody but the Act provides the person so chose the very same statutory powers as the two surveyors.
Third surveyors are most commonly hired where the two property surveyors have reached a deadlock in their considerations over some specific point and typically this can be in regard on the reasonableness of the costs of the surveyor designated by the adjoining owner. Hardly ever will a 3rd surveyor be asked to prepare an award in respect of the entire works however may accompany one or other of the two property surveyors to do so if the need arises.
There is no meaning of who can be a property surveyor, but it needs 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 evaluation of the works to guarantee that they abide by the works, and who will pay for the works. If the work is entirely for the advantage of the building owner, then they will normally be required to pay the costs and the expense of the works.
Parties have 14 days to attract the county court if they disagree with the award.
The Act enables access to the adjoining residential or commercial property for the functions of performing the works whether the adjoining owner permits or not, however they should be provided 14 days notification.
NB: The introduction of The Party Wall and so on. Act 1996 (Electronic Communications) Order 2016 indicates that from 6 April 2016, notices and other documents can be served by electronic interactions.
The information that Notices must offer in regard of works covered the above sections is different in each case. The requirements of Area 1 and Area 6 Notices are set out in those sections however the requirements of a Notice relating to Section 2 works is set out in Section 3 of the Act. A valid disagreement can still emerge, and surveyors be selected in accordance with Area 10, in regard of works notified under that section however just as concerns real dissent on particular premises. An adjoining owner’s factors for disputing Area 2 and Area 6 works are seldom defined prior to the appointment of surveyors and in many cases not even then.
Where dissent has emerged, whether real or deemed, both owners are legally obliged to appoint an agreed surveyor or, if they can not collectively concur on a single person, a property surveyor each and if asked for to make such a visit by the other party, should do so within 10 days of the request being served.
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