- 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 Property Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are specialists and work in accordance with the guidelines set down by the Professors of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to comply with this legislation might result in 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 etc. Act 1996 is an allowing Act, insofar as it grants the owner of a residential or commercial property the legal right to undertake certain works that may otherwise constitute trespass or annoyance.
It likewise seeks to safeguard the interests of adjacent owners from any possibly unfavorable results that such works might have by imposing a requirement that all adjoining owners be given prior notice of them.
In addition, the Act offers a necessary disagreement resolution treatment mediated by a statutorily designated property surveyor or surveyors if neighbouring owners have issues about the application of any proposition so notified.
Specifically, such notification needs to be served where the owner of a residential or commercial property (called ‘the structure owner’) intends to undertake any construction work described in Areas 1, 2 and 6 of the Act. Note that it is just those works that are covered by the Act and the scope is restricted to the following:
- Area 1 applies where it is proposed to erect a brand-new wall at a border that is not currently built on.
- Area 2 concerns existing party structures, which include party walls, partitions and floors (that separate buildings or parts of buildings), party fence walls (basically a limit wall between lands in separate ownership which is built astride a boundary) and, in some instances, a neighbour’s independent residential or commercial property.
- Area 6 can apply to excavations up to 6 m away from a building or structure on neighbouring land, based on depth requirements which the Act sets out.
The info that Observes should offer in respect of works covered the above areas is different in each case. The requirements of Section 1 and Area 6 Notifications are set out in those areas but the requirements of a Notice connecting to Area 2 works is set out in Area 3 of the Act. It is very important to note that the validity of any notice not providing all the pertinent info or served in the incorrect manner, could be available to challenge in Court.
There is no standard form of Notice although many people utilize those published by the RICS or versions added to the explanatory booklet issued by the Department for Communities and City Government. Supplied all the info required by the appropriate area of the Act is present, a basic letter would be similarly legitimate.
Depending on the scenarios of any provided task there might be more than one adjacent owner on whom see needs to be served in regard of the very same work and, when it comes to deep excavations, an Adjoining Owner may be aside from an instant neighbour. It is constantly more effective to go over the designated deal with adjacent owners before serving them with official composed notice – a proposal well explained might reduce concerns enough to prevent a conflict emerging and avoid the need to designate surveyors.
There are 2 exceptions where the need to serve notice might be prevented:
- De minimis works: The federal government’s explanatory booklet states that some works on a party wall might be so small that service of notice under the Act would be normally regarded as not needed and give as examples works not likely to impact the structural strength or support functions of a party structure or trigger damage to the neighbours side of it, such as re-plastering, shallow chasing for electrical circuitry or placing power sockets, and screws to support racks, kitchen cabinets, and so on.
- Functions under Section 2 of the Act offered that written approval is acquired from all Adjacent Owners and Occupiers prior to work commences.
The 3 kinds of Notice are understood, respectively as:
- Area 1: Line of Junction Notification
- Section 3 (for S2 works): Party Structure Notification
- Section 6: Notice of Adjacent Excavation
A party structure notice must be served at least two months prior to the date on which it is proposed to begin that work. The other 2 notifications need to be served at least one month prior to work starting.
The obligatory info which Observes should include are as follows:
- Line of Junction Notification:
- An indicator 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 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 statement regarding whether the structure owner proposes to underpin or otherwise enhance or protect the structures of the structure or structure of the adjacent owner.
- Accompanying areas and plans showing: 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 site.
Most of the pro-forma notices in use consist of the following details as a matter of course no matter the type of notice:
- The date of the notification.
- The name and addresses of both the structure and adjacent owners (and the addresses of the properties being worked on/affected if various).
- A statement as to the start of works relative to the proper notice duration.
- If the recipient actively dissents from the works or fails to react within 14 days, an advisory note discussing what happens.
Area 10 of the Act stipulates that where an adjoining owner does not consent in writing to works informed by the building owner under Areas 3 and 6, both parties must either agree on the consultation of a single property surveyor to act for both of them (known as the Agreed Property Surveyor), or each select their own property surveyor, to determine by award matters in dispute in between the celebrations.
Where a task is straightforward, this may only involve 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 selected property surveyors have the statutory jurisdiction to make an award in respect of any matter gotten in touch with any work to which the act relates.
The exact same procedure is utilized to fix any subsequent conflicts in between neighbouring owners that may arise in relation to the informed works, consisting of any loss or damage suffered by an adjacent owner as a result of their execution.
Inaction on the part of the adjoining owner does not halt the statutory process. A dispute can emerge by an adjacent owner actively dissenting, that is, interacting to the structure owner an objection in respect of some matter occurring out of or incidental to the works – the means of making that objection are trivial, however if he remains silent, neither consenting nor dissenting for a period of 14 days after having actually been served with a Notification under either Area 3 or Section 6, the Act considers a dissent to have emerged in any event.
There is no considered dissent provision in Section 1 of the Act. A valid disagreement can still occur, and surveyors be appointed in accordance with Area 10, in respect of works informed under that section but only as regards real dissent on specific premises. An adjacent owner’s factors for contesting Section 2 and Area 6 works are rarely specified prior to the consultation of property surveyors and in most cases not even then.
Where dissent has arisen, whether real or deemed, both owners are lawfully obliged to designate an agreed property surveyor or, if they can not collectively settle on a bachelor, a property surveyor each and if asked for to make such a visit by the other party, need to do so within 10 days of the demand being served. Failure to comply, automatically offers 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 writing, of a third property surveyor who may be hired by either of the surveyors or either of the celebrations to identify the challenged matters and make the essential award. The 3rd surveyor is never ever designated by anybody however the Act gives the individual so chose the very same statutory powers as the two surveyors.
Third surveyors are most commonly hired where the two property surveyors have actually reached an impasse in their deliberations over some particular point and often this can be in respect on the reasonableness of the costs of the property surveyor appointed by the adjacent owner. Rarely will a 3rd surveyor be asked to draw up an award in respect of the whole works however might join with one or other of the two surveyors to do so if the requirement arises.
There is no definition of who can be a surveyor, but it should 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 charges for the preparation of the award and inspection of the works to ensure that they adhere to the works, and who will spend for the works. If the work is entirely for the advantage of the building owner, then they will normally be needed to pay the charges and the cost of the works.
If they disagree with the award, parties have 14 days to appeal to the county court.
The Act permits access to the adjacent home for the purposes of carrying out the works whether the adjacent owner allows or not, nevertheless they need to be offered 14 days notification.
NB: The intro of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 implies that from 6 April 2016, notices and other files can be served by electronic interactions.
The information that Observes need to supply in respect of works covered the above areas is different in each case. The requirements of Section 1 and Area 6 Notices are set out in those sections but the requirements of a Notification relating to Area 2 works is set out in Section 3 of the Act. A valid disagreement can still develop, and property surveyors be designated in accordance with Area 10, in respect of works informed under that area but only as relates to real dissent on particular premises. An adjoining owner’s reasons for contesting Section 2 and Area 6 works are rarely defined prior to the appointment of surveyors and in lots of cases not even then.
Where dissent has actually arisen, whether actual or deemed, both owners are legally obliged to select a concurred property surveyor or, if they can not collectively concur on a single person, a 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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