We are Party Wall Surveyors specialising in party wall problems in UK. We have more than twenty five years experience of working in UK, acting for professionals, companies, in addition to for people.
Each brief is special, and our devoted group of party wall property surveyors is experienced in dealing with all manner of concerns relating to party walls. We are proud to offer a bespoke service to match the differing requirements of our clients.
This site is designed to provide standard details as well as offering you the chance to call us directly with your requirements and problems, thus allowing our specialist Party Wall Surveyors to recommend you accordingly.
The present legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or structures (consisting of stacked foundations).
Our team of Faulkners Surveyors Party Wall Surveyors supplies a distinct niche service, which enables you to have the best quality service at competitively priced charges.
For more information contact one of our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
Party Wall Act
The Party Wall etc. Act 1996 is an allowing Act, insofar as it grants the owner of a property the legal right to undertake particular works that may otherwise constitute trespass or nuisance.
It also looks for to protect the interests of adjoining owners from any possibly adverse results that such works might have by enforcing a requirement that all adjoining owners be provided prior notification of them.
In addition, the Act provides for an obligatory conflict resolution procedure mediated by a statutorily selected surveyor or property surveyors if neighbouring owners have issues about the application of any proposition so informed.
Specifically, such notice needs to be served where the owner of a residential or commercial property (known as ‘the building owner’) means to undertake any building work explained in Sections 1, 2 and 6 of the Act. Keep in mind that it is only those works that are covered by the Act and the scope is restricted to the following:
- Section 1 uses where it is proposed to put up a brand-new wall at a limit that is not currently built on.
- Area 2 concerns existing party structures, that include party partitions, floorings and walls (that different buildings or parts of structures), party fence walls (basically a border wall between lands in different ownership which is developed astride a boundary) and, in some instances, a neighbour’s independent home.
- Area 6 can apply to excavations approximately 6 m away from a structure or structure on neighbouring land, subject to depth requirements which the Act sets out.
The information that Sees need to provide in regard of works covered the above areas is various in each case. The requirements of Area 1 and Section 6 Notifications are set out in those areas however the requirements of a Notification associating with Section 2 works is set out in Area 3 of the Act. It is very important to keep in mind that the credibility of any notice not offering all the pertinent info or served in the incorrect way, could be available to challenge in Court.
There is no standard form of Notice although many people use those published by the RICS or versions added to the explanatory pamphlet released by the Department for Communities and City Government. Offered all the information needed by the relevant section of the Act is present, an easy letter would be equally valid.
Depending upon the circumstances of any provided task there might be more than one adjacent owner on whom discover needs to be served in respect of the very same work and, in the case of deep excavations, an Adjoining Owner may be other than an immediate neighbour. It is constantly more effective to go over the designated works with adjacent owners before serving them with formal written notification – a proposition well explained may ease concerns adequate to prevent a conflict emerging and avoid the need to designate property surveyors.
There are two exceptions where the need to serve notice might be avoided:
- De minimis works: The government’s explanatory booklet says that some works on a party wall may be so small that service of notice under the Act would be usually regarded as not required and give as examples works not likely to impact the structural strength or assistance functions of a party structure or trigger damage to the neighbours side of it, such as re-plastering, shallow chasing for electrical wiring or placing power sockets, and screws to support racks, cooking area cupboards, and so forth.
- Works under Section 2 of the Act offered that composed consent is acquired from all Adjacent Owners and Occupiers before work commences.
The 3 types of Notification are understood, respectively as:
- Area 1: Line of Junction Notice
- Area 3 (for S2 works): Party Structure Notification
- Area 6: Notice of Adjacent Excavation
A party structure notification must be served at least 2 months before the date on which it is proposed to start that work. The other 2 notices should be served a minimum of one month prior to work commencing.
The necessary info which Discovers must consist of are as follows:
- Line of Junction Notice:
- An indication of the building owner’s desire to build a wall.
- A description of the wall.
- Party Structure Notice:
- The name and address of the structure 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 declaration regarding whether the structure owner proposes to underpin or otherwise enhance or secure the foundations of the structure or structure of the adjacent owner.
- Accompanying strategies and areas showing: a) the site and depth of any excavation the building owner proposes to make; b) if he proposes to put up a structure or structure, its website.
The majority of the pro-forma notifications in use consist of the following details as a matter of course no matter the type of notice:
- The date of the notification.
- If various), the name and addresses of both the building and adjacent owners (and the addresses of the residential or commercial properties being worked on/affected.
- A statement regarding the start of works relative to the appropriate notification period.
- If the recipient actively dissents from the works or stops working to react within 14 days, an advisory note discussing what takes place.
Section 10 of the Act states that where an adjacent owner does not consent in writing to works informed by the building owner under Sections 3 and 6, both celebrations should either settle on the visit of a single surveyor to act for both of them (referred to 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 may just involve factor to consider of the time and way in which those works are to be performed. In more complex schemes, thought will need to be offered to a commensurately greater number of elements and indeed designated 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 very same procedure is utilized to fix any subsequent disputes in between neighbouring owners that may arise in relation to the informed works, including 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 procedure. A disagreement can develop by an adjoining owner actively dissenting, that is, communicating to the structure owner an objection in respect of some matter developing out of or incidental to the works – the methods of making that objection are trivial, but if he stays quiet, neither consenting nor dissenting for a period of 2 week after having been served with a Notification under either Section 3 or Area 6, the Act considers a dissent to have actually developed in any event.
There is no considered dissent arrangement in Area 1 of the Act. A valid conflict can still develop, and surveyors be designated in accordance with Section 10, in regard of works alerted under that section however only as relates to real dissent on particular grounds. An adjacent owner’s reasons for disputing Section 2 and Area 6 works are rarely defined prior to the appointment of surveyors and in a lot of cases not even then.
Where dissent has arisen, whether actual or considered, both owners are legally obliged to designate a concurred surveyor or, if they can not collectively settle on a bachelor, a property surveyor each and if asked for to make such an appointment by the other party, should do so within 10 days of the demand being served. Failure to comply, instantly offers the owner making the demand the statutory authority to select a surveyor on behalf of the recalcitrant party. This procedure is set out in area 10( 4) of the Act.
Where two property surveyors are selected, they are obliged to agree upon the selection, in composing, of a third property surveyor who might be hired by either of the property surveyors or either of the parties to identify the challenged matters and make the needed award. The third property surveyor is never ever designated by anybody but the Act provides the person so selected the exact same statutory powers as the two property surveyors.
3rd property surveyors are most commonly hired where the two surveyors have actually reached an impasse in their considerations over some specific point and frequently this can be in regard on the reasonableness of the charges of the property surveyor selected by the adjacent owner. Seldom will a third surveyor be asked to draw up an award in regard of the entire works but may join with one or other of the two property surveyors to do so if the need occurs.
There is no definition of who can be a property surveyor, however it should not be the same person 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 examination of the works to ensure that they abide by the works, and who will spend for the works. They will typically be needed to pay the costs and the cost of the works if the work is exclusively for the benefit of the building owner.
If they disagree with the award, parties have 14 days to appeal to the county court.
The Act allows access to the adjoining home for the functions of carrying out the works whether the adjacent owner allows or not, however they should be given 2 week notice.
NB: The introduction of The Party Wall and so on. Act 1996 (Electronic Communications) Order 2016 means that from 6 April 2016, notifications and other documents can be served by electronic communications.
The details that Observes need to supply in respect of works covered the above sections is various in each case. The requirements of Section 1 and Section 6 Notices are set out in those sections but the requirements of a Notification relating to Area 2 works is set out in Area 3 of the Act. A legitimate conflict can still arise, and surveyors be appointed in accordance with Area 10, in respect of works alerted under that section but only as regards actual dissent on particular premises. An adjoining owner’s factors for contesting Section 2 and Section 6 works are hardly ever defined prior to the consultation of property surveyors and in numerous cases not even then.
Where dissent has actually arisen, whether real or considered, both owners are lawfully required to appoint an agreed property surveyor or, if they can not collectively concur on a single person, a 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.
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