We are totally qualified professional Party Wall Surveyors with years of experience producing Schedule of Condition reports and lawfully serving Party Wall Agreements and Notices.
With workplaces in Central, South and North London it makes us perfectly positioned to serve Greater London and the surrounding counties.
Whether you’re a Building Owner preparing a brand-new job or a neighbour who has actually been served a Party Wall Notice our understanding and experience guarantees we are always best prepared to help with your Party Wall requirements.
Call now and consult with a Professional Surveyor for friendly expert recommendations.
Party Wall (WikiPedia)
THE PARTY WALL ACT 1996- A NEWBIES GUIDE
We appreciate that lots of people wishing to carry out deal with their property have the requirements of The Party Wall Act thrust upon at a reasonably late stage in the pre-construction process. We also comprehend it can be a challenging process for those that have actually not experienced it previously. Here in Faulkners Surveyors, one of our senior surveyors, provides his “beginners guide” which aims to provide an overview understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Act?
The Party Wall etc Act 1996 provides a treatment to follow when building work involves a party wall or party fence wall, some excavations close to neighbouring buildings, and brand-new walls at borders. The Act allows owners to carry out certain particular works, consisting of work to the full thickness of a party wall, whilst at the same time safeguarding the interests of anybody else who might be impacted by that work. The Act is designed to avoid or reduce disagreements by ensuring property owners alert their neighbours in advance of certain proposed works.
The Act supplies a system for resolving conflicts and enabling works to continue. It also needs that, where the adjacent owner does not ‘concur’ in writing to the works, a property surveyor or property surveyors will identify the time and method which those works are performed.
What is a party wall?
Party walls usually separate structures belonging to various owners however could include garden walls developed astride a boundary– known as party fence walls. Where a wall separates 2 various size structures often just the part that is used by both homes is a party wall, the rest comes from the person or individuals on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so consisted of due to the fact that the arrangements of the Act are not limited to party walls, they also consist of party structures and party fence walls.
Area 20 of the Act defines each:
” party fence wall” means a wall (not becoming part of a structure) which stands on lands of different owners and is used or built to be used for separating such adjoining lands, but does not consist of a wall constructed on the land of one owner the synthetically formed support of which tasks into the land of another owner;
” party structure” means a party wall and also a flooring partition or other structure separating buildings or parts of buildings approached entirely by separate entrances or separate staircases;
What is covered by the Act?
There are specific products of work that you can just be done after alerting the adjacent owners and either receiving written contract of the neighbour or with a Party Wall Award prepared by a surveyor/s.
Notifiable works consist of (however are not limited to):.
- cutting into a wall to take the bearing of a beam, for instance for a loft conversion.
- placing a wet evidence course, even if just to your own side of a party wall.
- raising a party wall and, if essential, cutting off any things preventing this from occurring.
- restoring a party and destroying wall.
- underpinning a party wall or part of a party wall.
- weathering the junction of adjoining walls or buildings by cutting a flashing into an adjoining structure.
- excavating structures within three metres of a neighbour’s structure and lower than its foundations.
- excavating structures within 6 metres of a neighbour’s structure and listed below a line drawn down at 45 ° from the bottom of its foundations.
Notices are likewise needed if it is proposed to construct a new wall on the line of junction (border line). A party wall property surveyor will generally have the ability to validate which work is notifiable and advice the notice period and kind of notice required.
What is not covered by the Act?
The Act relates only to particular specific types of work and is permissive in nature. It must not be viewed as a method of objecting to or avoiding works and it is not intended to be applied to minor tasks that do not impact the structural integrity or loading of a party wall.
It is typically agreed that works such as repairing plug sockets, screwing in shelving or replastering walls are small works and do not require a notice.
The workings of the Act are constantly initiated by the of providing notices. This is the first stage of the procedure and, without the problem of valid notices, no further action can be taken under the provision of the Act.
Written notice needs to be served on adjacent owners a minimum of 2 months prior to starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners should be served a notification and there are most likely to be instances where there is more than one adjoining residential or commercial property and more than one owner of each residential or commercial property (ie: if the adjacent residential or commercial property is divided into flats and owned on a leasehold basis, notices will be needed to both leaseholder and freeholder of all flats impacted by the works). Functions to a party wall, or those impacting a ceiling or floor, will also require a notice to adjoining owners living above or listed below.
Valid notices must consist of the following details as a minimum:.
- The name and address of the building owner;.
- The nature and particulars of the proposed work including strategies, areas and details of construction approaches.
- The date on which the proposed work will begin.
It is essential to include the correct information on a notification as, if they are deemed invalid, then any subsequent actions are likewise invalid.
Reactions To Notifications.
On invoice of a notice, an adjoining owner has three possible strategies:.
- To consent to the works going on as explained. If there is a dispute at that phase, a consenting Adjacent Owner keeps all rights under the Act consisting of the right to designate a surveyor later in the process.
- To dissent and select a surveyor. The Act allows the Owners to concur in the appointment of a single ‘Agreed’ surveyor or select their own separate property surveyor.
- Release a counter notification to set out specific conditions needed for the benefit of the Adjoining Owner. The Counter Notice ought to set out what extra or customized work the Adjoining Owner want to be consisted of for his advantage.
Most of the times, if the adjacent does not respond within 14 days then a considered dispute is stated to have occurred and the individual performing the work must designate a property surveyor to act upon the adjacent owners behalf.
If adjoining owners supply written grant the works as set out within the notices, then there is no dispute to fix and no further requirement for party wall surveyors or, indeed, the Party Wall Act. Assuming work earnings as detailed within no damage and the notification is caused, then no further involvement is required.
The property surveyors then work together to concur the terms under which work might continue. The surveyor( s) will evaluate the plans, notifications and structural details of the works and, after considering the effect of the works, will draw up an arrangement which sets out the terms under which work can be carried out (the Award).
The Party Wall Award.
The award will normally tape-record the condition of the pertinent part of adjacent residential or commercial property before work begins (this is not a requirement under the Act however is thought about excellent practice and is properly offered by the majority of great surveyors). The award may also grant access to both residential or commercial properties so that the works can be securely performed and the surveyor/s can check operate in progress.
Usually, the structure owner who started the work spends for all costs of work and the reasonable expenses sustained by all parties as a result, this will consist of the surveyors fees for both Structure Owner and Adjoining Owner.
We appreciate that lots of people wanting to bring out works on their residential or commercial property have the requirements of The Party Wall Act thrust upon at a reasonably late phase in the pre-construction process. Here, Michael White C.Build.E MCABE MFPWS, one of our senior property surveyors, uses his “beginners guide” which intends to offer a summary 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 procedure to follow when developing work includes a party wall or party fence wall, some excavations close to neighbouring structures, and new walls at boundaries. The Act permits owners to carry out certain particular works, consisting of work to the complete thickness of a party wall, whilst at the very same time safeguarding the interests of anybody else who may be impacted by that work. Written notification needs to be served on adjacent owners at least two months before starting any party wall works (one month for works to the line of junction or excavations).
Around the Web