What is a Party Wall Award?
The procedure and requirements of a Party Wall Award are as set out in the Party Wall and so on. Act 1996. A Party Wall Award is an arrangement made between a minimum of two neighbouring occupiers prior to the start of construction/building work which is to be undertaken to a party boundary or structure, or where works are being carried out in close proximity to a party border or structure. There are three main types of work which need a Party Wall Property surveyor to conduct a Party Wall Award and these are:
- Line of junction (building a new wall on or together with a boundary).
- Party Structure Functions (works to an existing party wall such as cutting into, reconstructing, thickening and so on).
- Surrounding Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and throughout the UK, our skilled industrial building surveyors perform a range of professional surveying services including Party Wall Surveys (Party Wall Awards). At Commercial Building Surveyors we perform Party Wall Surveys by expert and knowledgeable Party Wall Surveyors throughout the UK.
Party Wall (WikiPedia)
THE PARTY WALL ACT 1996- A NOVICES GUIDE
We value that lots of people wishing to carry out works on their residential or commercial property have the requirements of The Party Wall Act thrust upon at a fairly late phase in the pre-construction procedure. We likewise understand it can be a complicated procedure for those that have actually not experienced it before. Here in Faulkners Surveyors, among 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 supplies a treatment to follow when building work includes a party wall or party fence wall, some excavations close to neighbouring structures, and new walls at boundaries. The Act allows owners to perform particular particular works, including work to the full density of a party wall, whilst at the same time securing the interests of anybody else who might be affected by that work. The Act is designed to prevent or reduce disputes by making sure homeowner alert their neighbours in advance of certain proposed works.
The Act supplies a mechanism for solving conflicts and making it possible for works to proceed. It also needs that, where the adjoining owner does not ‘concur’ in writing to the works, a property surveyor or surveyors will identify the time and way in which those works are performed.
What is a party wall?
Party walls generally separate structures coming from different owners however could include garden walls constructed astride a boundary– referred to as party fence walls. Where a wall separates two different size structures frequently just the part that is used by both residential or commercial properties is a party wall, the rest comes from the individual 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 provisions of the Act are not limited to party walls, they also include party structures and party fence walls.
Section 20 of the Act defines each:
” party fence wall” implies a wall (not becoming part of a structure) which stands on lands of different owners and is utilized or constructed to be utilized for separating such adjacent lands, however does not include a wall constructed on the land of one owner the synthetically formed support of which projects into the land of another owner;
” party structure” means a party wall and also a floor partition or other structure separating structures or parts of structures approached solely by different entryways or different staircases;
What is covered by the Act?
There are specific products of work that you can only be done after informing the adjoining owners and either receiving written arrangement of the neighbour or with a Party Wall Award prepared by a surveyor/s.
Notifiable works consist of (however are not restricted to):.
- cutting into a wall to take the bearing of a beam, for instance for a loft conversion.
- placing a damp evidence course, even if just to your own side of a party wall.
- raising a party wall and, if necessary, cutting off any things avoiding this from happening.
- rebuilding a party and destroying wall.
- underpinning a party wall or part of a party wall.
- weathering the junction of adjacent walls or buildings by cutting a flashing into an adjoining building.
- excavating foundations within 3 metres of a neighbour’s structure and lower than its structures.
- excavating foundations within 6 metres of a neighbour’s structure and listed below a line drawn down at 45 ° from the bottom of its foundations.
If it is proposed to build a brand-new wall on the line of junction (limit line), notifications are likewise needed. A party wall property surveyor will usually have the ability to confirm which work is notifiable and suggestions the notice duration and type of notification needed.
What is not covered by the Act?
The Act relates only to certain particular types of work and is permissive in nature. It ought to not be viewed as a technique of challenging or preventing works and it is not meant to be applied to minor tasks that do not affect the structural integrity or loading of a party wall.
It is typically concurred that works such as fixing plug sockets, screwing in shelving or replastering walls are small works and do not require a notice.
The operations of the Act are always instigated by the of issuing notices. This is the first stage of the procedure and, without the issue of valid notifications, no more action can be taken under the arrangement of the Act.
Composed notification should be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjacent owners should be served a notification and there are most likely to be circumstances where there is more than one adjoining property and more than one owner of each residential or commercial property (ie: if the adjacent residential or commercial property is split into flats and owned on a leasehold basis, notices will be required to both leaseholder and freeholder of all flats affected by the works). Works to a party wall, or those impacting a ceiling or flooring, will likewise require a notification to adjoining owners living above or below.
Legitimate notices must include the following information as a minimum:.
- The name and address of the building owner;.
- The nature and particulars of the proposed work consisting of plans, areas and details of building and construction methods.
- The date on which the proposed work will begin.
It is necessary to include the proper information on a notice as, if they are deemed invalid, then any subsequent actions are also invalid.
Responses To Notices.
On invoice of a notice, an adjacent owner has 3 possible courses of action:.
- To consent to the works going ahead as described. If there is a dispute at that phase, a consenting Adjacent Owner retains all rights under the Act including the right to appoint a surveyor later on in the process.
- To dissent and appoint a surveyor. The Act enables the Owners to concur in the consultation of a single ‘Agreed’ property surveyor or select their own separate surveyor.
- Release a counter notification to set out particular conditions required for the benefit of the Adjoining Owner. The Counter Notice ought to set out what additional or customized work the Adjoining Owner would like to be consisted of for his advantage.
In most cases, if the adjoining does not respond within 2 week then a considered disagreement is said to have happened and the person carrying out the work must appoint a property surveyor to act upon the adjoining owners behalf.
If adjacent owners supply composed consent to the works as set out within the notices, then there is no dispute to resolve and no further requirement for party wall property surveyors or, indeed, the Party Wall Act. Presuming work profits as detailed within the notification and no damage is triggered, then no further participation is necessary.
The property surveyors then work together to agree the terms under which work may continue. The surveyor( s) will evaluate the plans, notifications and structural information of the works and, after thinking about the effect of the works, will draw up a contract which sets out the terms under which work can be brought out (the Award).
The Party Wall Award.
The award will usually record the condition of the pertinent part of adjoining property before work starts (this is not a requirement under the Act but is considered excellent practice and is duly supplied by many excellent surveyors). The award may also give access to both residential or commercial properties so that the works can be safely carried out and the surveyor/s can examine work in development.
Normally, the building owner who started the work spends for all expenditures of work and the reasonable expenses sustained by all parties as a result, this will include the property surveyors charges for both Structure Owner and Adjoining Owner.
We appreciate that numerous people wishing to bring out works on their property have the requirements of The Party Wall Act thrust upon at a fairly late stage in the pre-construction procedure. Here, Michael White C.Build.E MCABE MFPWS, one of our senior property surveyors, provides his “newbies guide” which aims to provide a summary understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Act?
The Party Wall etc Act 1996 offers a procedure to follow when constructing work involves a party wall or party fence wall, some excavations close to neighbouring buildings, and new walls at boundaries. The Act permits owners to carry out particular specific works, consisting of work to the complete thickness of a party wall, whilst at the same time securing the interests of anyone else who may be affected by that work. Composed notification must be served on adjoining owners at least 2 months prior to starting any party wall works (one month for works to the line of junction or excavations).
Around the Web