We pride ourselves on our versatility and personal involvement towards our clients requirements. Faulkners Surveyors are an expanding team of surveyors with a wealth of experience, skill and know-how. Then call Faulkners Surveyors for a helpful chat, if you are looking for an expert yet flexible technique to all your home matters.
Our surveyors are regulated by the Faculty of Party Wall Surveyors and carry expert indemnity insurance coverage to cover their work.
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 undertake specific works that may otherwise constitute trespass or problem.
However, it likewise seeks to secure the interests of adjacent owners from any possibly adverse effects that such works might have by imposing a requirement that all adjacent owners be provided prior notification of them.
In addition, the Act provides for a mandatory disagreement resolution procedure mediated by a statutorily appointed surveyor or surveyors if neighbouring owners have issues about the execution of any proposal so notified.
Specifically, such notification must be served where the owner of a home (known as ‘the structure owner’) intends to undertake any construction work explained in Areas 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 limited to the following:
- Area 1 uses where it is proposed to put up a new wall at a limit that is not currently built on.
- Section 2 issues existing party structures, which include party floorings, walls and partitions (that different structures or parts of buildings), party fence walls (basically a boundary wall between lands in different ownership which is built astride a border) and, in some instances, a neighbour’s independent home.
- Section 6 can apply to excavations up to 6 m far from a building or structure on neighbouring land, based on depth requirements which the Act sets out.
The details that Notices should offer in regard of works covered the above sections is different in each case. The requirements of Section 1 and Section 6 Notifications are set out in those sections however the requirements of a Notice connecting to Section 2 works is set out in Area 3 of the Act. It is necessary to note that the validity of any notification not supplying all the appropriate details or served in the incorrect way, could be open up to challenge in Court.
There is no standard kind of Notice although many people use those published by the RICS or versions added to the explanatory brochure released by the Department for Communities and Local Government. Nevertheless, provided all the details needed by the pertinent section of the Act exists, a simple letter would be similarly valid.
Depending on the circumstances of any offered job there may be more than one adjacent owner on whom discover requirements to be served in respect of the same work and, when it comes to deep excavations, an Adjacent Owner may be besides an immediate neighbour. It is constantly preferable to talk about the designated deal with adjoining owners prior to serving them with formal composed notification – a proposition well discussed may ease concerns enough to prevent a dispute emerging and prevent the need to appoint surveyors.
There are 2 exceptions where the need to serve notice might be avoided:
- De minimis works: The government’s explanatory booklet says that some deal with a party wall might be so minor that service of notice under the Act would be typically 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 wiring or inserting power sockets, and screws to support shelves, cooking area cabinets, and so on.
- Functions under Area 2 of the Act offered that composed approval is gotten from all Adjoining Owners and Occupiers before work commences.
The three kinds of Notification are understood, respectively as:
- Section 1: Line of Junction Notification
- Section 3 (for S2 works): Party Structure Notice
- Area 6: Notice of Adjacent Excavation
A party structure notice should be served at least 2 months before the date on which it is proposed to begin that work. The other two notifications need to be served at least one month prior to work commencing.
The necessary info which Observes need to include are as follows:
- Line of Junction Notice:
- An indicator of the building owner’s desire to construct 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 indicator of the structure owner’s propositions.
- A declaration as to whether the structure owner proposes to underpin or otherwise reinforce or protect the structures of the building or structure of the adjacent owner.
- Accompanying plans and sections revealing: 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 notices in use include the following information as a matter of course no matter the kind of notice:
- The date of the notice.
- If various), the name and addresses of both the building and adjoining owners (and the addresses of the residential or commercial properties being worked on/affected.
- A statement as to the start of works relative to the proper notification period.
- An advisory note describing what occurs if the recipient actively dissents from the works or stops working to react within 2 week.
Section 10 of the Act specifies that where an adjacent owner does not authorization in writing to works notified by the structure owner under Sections 3 and 6, both celebrations need to either settle on the appointment of a single property surveyor to act for both of them (called the Agreed Surveyor), or each select their own surveyor, to identify by award matters in dispute in between the celebrations.
Where a project is straightforward, this might only involve factor to consider of the time and manner in which those works are to be carried out. In more complex plans, believed will need to be offered to a commensurately greater number of elements and indeed designated 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 very same procedure is used to solve any subsequent conflicts between neighbouring owners that might emerge in relation to the alerted works, including any loss or damage suffered by an adjoining owner as a result of their execution.
Inactiveness on the part of the adjoining owner does not halt the statutory procedure. A disagreement can occur by an adjoining owner actively dissenting, that is, interacting to the structure owner an objection in respect of some matter emerging out of or incidental to the works – the ways of making that objection are trivial, however if he stays quiet, neither dissenting nor consenting for a duration of 2 week after having been served with a Notice under either Area 3 or Section 6, the Act deems a dissent to have emerged in any event.
There is no deemed 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 notified under that section however just as concerns real dissent on particular premises. An adjacent owner’s factors for contesting Area 2 and Area 6 works are hardly ever defined prior to the appointment of property surveyors and in a lot of cases not even then.
Where dissent has arisen, whether real or considered, both owners are legally required to appoint a concurred surveyor or, if they can not collectively agree on a single person, a property surveyor each and if asked for to make such an appointment by the other party, must do so within 10 days of the request being served. Failure to comply, instantly provides the owner making the request the statutory authority to designate a surveyor on behalf of the recalcitrant party. This procedure is set out in area 10( 4) of the Act.
Where two surveyors are appointed, they are required to agree upon the selection, in composing, of a third property surveyor who may be hired by either of the surveyors or either of the parties to figure out the disputed matters and make the required award. The 3rd surveyor is never ever designated by anyone but the Act provides the individual so chose the very same statutory powers as the two surveyors.
3rd surveyors are most typically called upon where the two surveyors have reached an impasse in their deliberations over some specific point and often this can be in respect on the reasonableness of the costs of the property surveyor appointed by the adjoining owner. Seldom will a third surveyor be asked to prepare an award in respect of the whole works however may accompany one or other of the two surveyors to do so if the requirement develops.
There is no meaning of who can be a property surveyor, however it needs to not be the same person that will monitor the works.
The award will set out the works that can be carried out, who will pay the fees for the preparation of the award and inspection of the works to make sure that they comply with the works, and who will pay for the works. If the work is exclusively for the benefit of the building owner, then they will typically be needed to pay the costs and the expense of the works.
If they disagree with the award, celebrations 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 gives permission or not, however they need to be given 2 week notice.
NB: The introduction of The Party Wall and so on. Act 1996 (Electronic Communications) Order 2016 suggests that from 6 April 2016, notifications and other files can be served by electronic interactions.
The details that Sees must offer in respect of works covered the above areas is various in each case. The requirements of Section 1 and Section 6 Notices are set out in those sections however the requirements of a Notification relating to Area 2 works is set out in Area 3 of the Act. A legitimate dispute can still develop, and property surveyors be designated in accordance with Section 10, in respect of works informed under that section but only as relates to actual dissent on particular grounds. An adjacent owner’s factors for disputing Section 2 and Area 6 works are rarely specified prior to the consultation of property surveyors and in many cases not even then.
Where dissent has developed, whether real or deemed, both owners are lawfully required to appoint a concurred surveyor or, if they can not jointly agree on a single person, a property 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.
Around the Web