Faulkners Surveyors As qualified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element necessary to advise upon and deal with Party Wall concerns, such as:
- Preparing and serving legitimate Party Wall Notices
- Acting as the Structure Owners Party Wall Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are professionals and operate in accordance with the policies set down by the Faculty of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to abide by this legislation might result in works being illegal.
Party Wall (WikiPedia)
Party Wall Act
The Party Wall etc. Act 1996 is an enabling 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 problem.
Nevertheless, it also looks for to protect the interests of adjoining owners from any possibly adverse effects that such works may have by enforcing a requirement that all adjacent owners be given prior notice of them.
In addition, the Act attends to a necessary dispute resolution procedure moderated by a statutorily designated surveyor or surveyors if neighbouring owners have concerns about the implementation of any proposal so notified.
Specifically, such notification needs to be served where the owner of a home (known as ‘the structure owner’) means to carry out any building and construction work described 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 restricted to the following:
- Area 1 applies where it is proposed to put up a new wall at a limit that is not currently built on.
- Section 2 concerns existing party structures, which include party partitions, walls and floorings (that separate buildings or parts of structures), party fence walls (essentially a limit wall in between lands in different ownership which is constructed astride a boundary) and, in some instances, a neighbour’s independent property.
- Area 6 can apply to excavations approximately 6 m far from a structure or structure on neighbouring land, subject to depth requirements which the Act sets out.
The details that Notices must supply in respect of works covered the above sections is various in each case. The requirements of Area 1 and Section 6 Notices are set out in those areas however the requirements of a Notice associating with Section 2 works is set out in Section 3 of the Act. It is important to keep in mind that the validity of any notification not providing all the relevant information or served in the inaccurate manner, could be available to challenge in Court.
There is no basic type of Notice although many people use those released by the RICS or versions appended to the explanatory booklet released by the Department for Communities and City Government. However, supplied all the details required by the appropriate section of the Act exists, a simple letter would be equally legitimate.
Depending on the situations of any offered job there might be more than one adjacent owner on whom discover needs to be served in respect of the same work and, when it comes to deep excavations, an Adjoining Owner may be aside from an immediate neighbour. It is always more effective to talk about the designated deal with adjoining owners before serving them with formal composed notice – a proposition well described may reduce issues adequate to prevent a dispute emerging and prevent the requirement to designate property surveyors.
There are two exceptions where the requirement to serve notice might be avoided:
- De minimis works: The federal government’s explanatory brochure says that some deal with a party wall might be so minor that service of notification under the Act would be normally considered not needed and give as examples works not likely to affect 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 cabinets, and so on.
- Functions under Section 2 of the Act provided that composed consent is obtained from all Adjacent Owners and Occupiers prior to work commences.
The three kinds of Notification are understood, respectively as:
- Area 1: Line of Junction Notification
- Area 3 (for S2 works): Party Structure Notice
- Section 6: Notification of Adjacent Excavation
A party structure notice must be served at least 2 months prior to the date on which it is proposed to begin that work. The other two notifications must be served a minimum of one month prior to work beginning.
The mandatory info which Sees need to contain are as follows:
- Line of Junction Notification:
- A sign of the building owner’s desire to construct a wall.
- A description of the wall.
- Party Structure Notification:
- 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 structure owner’s proposals.
- A declaration regarding whether or not the structure owner proposes to underpin or otherwise strengthen or protect the foundations of the building or structure of the adjacent owner.
- Accompanying strategies and sections revealing: a) the website and depth of any excavation the structure 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 include the following details as a matter of course regardless of the type of notice:
- The date of the notification.
- If various), the name and addresses of both the structure and adjoining owners (and the addresses of the residential or commercial properties being worked on/affected.
- A statement as to the commencement of works relative to the appropriate notice duration.
- If the recipient actively dissents from the works or stops working to react within 14 days, an advisory note describing what happens.
Area 10 of the Act specifies that where an adjacent owner does not permission in writing to works alerted by the structure owner under Areas 3 and 6, both celebrations should either agree on the visit of a single surveyor to act for both of them (called the Agreed Surveyor), or each select their own property surveyor, to identify by award matters in dispute in between the celebrations.
Where a task is straightforward, this may just include consideration of the time and manner in which those works are to be carried out. In more complex schemes, believed will have to be offered to a commensurately greater number of factors and indeed appointed property surveyors have the statutory jurisdiction to make an award in regard of any matter connected with any work to which the act relates.
The same treatment is used to deal with any subsequent disagreements in between neighbouring owners that may occur in relation to the alerted works, consisting of any loss or damage suffered by an adjacent owner as a result of their execution.
Inaction on the part of the adjacent owner does not halt the statutory process. A dispute can emerge by an adjoining 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 means of making that objection are not important, however if he remains silent, neither consenting nor dissenting for a period of 2 week after having been served with a Notification under either Area 3 or Area 6, the Act deems a dissent to have developed in any event.
There is no considered dissent provision in Section 1 of the Act. A valid conflict can still emerge, and property surveyors be appointed in accordance with Section 10, in regard of works informed under that section however just as concerns actual dissent on specific premises. An adjoining owner’s factors for contesting Section 2 and Section 6 works are hardly ever specified prior to the appointment of surveyors and in most cases not even then.
Where dissent has actually arisen, whether real or deemed, both owners are lawfully obliged to appoint a concurred property surveyor or, if they can not jointly agree on a single person, a surveyor each and if requested to make such a visit by the other party, should do so within 10 days of the demand being served. Failure to comply, automatically provides the owner making the demand the statutory authority to appoint a property surveyor on behalf of the recalcitrant party. This treatment is set out in area 10( 4) of the Act.
Where two property surveyors are designated, they are required to agree upon the selection, in writing, of a third surveyor who may be called upon by either of the surveyors or either of the parties to identify the challenged matters and make the necessary award. The third property surveyor is never ever appointed by anybody but the Act offers the person so chose the exact same statutory powers as the two property surveyors.
Third surveyors are most typically called upon where the two surveyors have reached an impasse in their considerations over some particular point and frequently this can be in regard on the reasonableness of the charges of the surveyor designated by the adjoining owner. Rarely will a third property surveyor be asked to draw up an award in respect of the entire works but might accompany one or other of the two surveyors to do so if the need arises.
There is no meaning of who can be a property surveyor, but it ought 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 costs for the preparation of the award and assessment of the works to ensure that they abide by the works, and who will pay for the works. They will normally be required to pay the fees and the cost of the works if the work is solely for the advantage of the structure owner.
Parties have 14 days to appeal to the county court if they disagree with the award.
The Act permits access to the adjoining property for the functions of performing the works whether the adjoining owner allows or not, however they should be provided 14 days notification.
NB: The intro of The Party Wall and so on. Act 1996 (Electronic Communications) Order 2016 indicates that from 6 April 2016, notifications and other files can be served by electronic communications.
The details that Observes need to provide in regard of works covered the above areas is different in each case. The requirements of Area 1 and Area 6 Notifications are set out in those sections but the requirements of a Notice relating to Section 2 works is set out in Section 3 of the Act. A legitimate dispute can still emerge, and surveyors be selected in accordance with Section 10, in respect of works alerted under that area but only as concerns actual dissent on specific premises. An adjacent owner’s factors for contesting Section 2 and Section 6 works are hardly ever specified prior to the consultation of surveyors and in many cases not even then.
Where dissent has actually arisen, whether real or considered, both owners are lawfully obliged to designate an agreed surveyor or, if they can not collectively concur on a single individual, a property surveyor each and if requested to make such an appointment by the other party, should do so within 10 days of the request being served.
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