Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every aspect required to encourage upon and deal with Party Wall concerns, such as:

  • Preparing and serving valid Party Wall Notices
  • Acting as the Structure Owners Party Wall Surveyor
  • Acting as the Adjoining Owners Party Wall Surveyor
  • Acting as the Agreed Party Wall 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 Faculty of Party Wall Surveyors.

The Party Wall Act and so on 1996 is law, failure to adhere to this legislation might lead to 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.

wall party

Party Wall Act

The Party Wall and so on. Act 1996 is an allowing Act, insofar as it gives the owner of a home the legal right to undertake particular works that might otherwise constitute trespass or nuisance.

It likewise seeks to protect the interests of adjoining owners from any potentially negative effects that such works might have by enforcing a requirement that all adjacent owners be offered prior notification of them.

In addition, the Act provides for a mandatory disagreement resolution treatment mediated by a statutorily selected property surveyor or property surveyors if neighbouring owners have issues about the execution of any proposition so alerted.

Specifically, such notification should be served where the owner of a property (known as ‘the structure owner’) plans to carry out any building and construction 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 limited to the following:

The info that Discovers need to provide in respect of works covered the above areas is various in each case. The requirements of Section 1 and Section 6 Notifications are set out in those sections however the requirements of a Notification connecting to Area 2 works is set out in Section 3 of the Act. It is necessary to note that the validity of any notice not offering all the relevant details or served in the inaccurate manner, could be open to challenge in Court.

There is no standard type of Notice although many people use those released by the RICS or versions added to the explanatory booklet issued by the Department for Communities and Local Government. Nevertheless, provided all the details needed by the pertinent section of the Act exists, a basic letter would be similarly valid.

Depending on the scenarios of any offered project there might be more than one adjoining owner on whom notice needs to be served in respect of the exact same work and, when it comes to deep excavations, an Adjacent Owner might be other than an instant neighbour. It is constantly more suitable to go over the desired deal with adjoining owners before serving them with formal composed notice – a proposal well described may minimize concerns sufficient to prevent a conflict occurring and prevent the need to select property surveyors.

There are two exceptions where the need to serve notice might be prevented:

  1. De minimis works: The federal government’s explanatory booklet states that some works on a party wall may be so minor that service of notification 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 circuitry or placing power sockets, and screws to support racks, cooking area cabinets, and the like.
  2. Functions under Section 2 of the Act provided that composed consent is acquired from all Adjoining Owners and Occupiers before work commences.

The three kinds of Notice are known, respectively as:

A party structure notice need to be served at least 2 months prior to the date on which it is proposed to begin that work. The other two notices must be served a minimum of one month prior to work starting.

The necessary information which Sees need to consist of are as follows:

Most of the pro-forma notices in use include the following information as a matter of course no matter the type of notice:

Section 10 of the Act stipulates that where an adjacent owner does not approval in writing to works notified by the structure owner under Areas 3 and 6, both celebrations should either agree on the appointment of a single property surveyor to act for both of them (called the Agreed Property Surveyor), or each designate their own property surveyor, to identify by award matters in dispute in between the celebrations.

Where a task is straightforward, this may only include factor to consider of the time and manner in which those works are to be performed. In more complex plans, believed will have to be offered to a commensurately greater number of elements and certainly selected surveyors have the statutory jurisdiction to make an award in regard of any matter connected with any work to which the act relates.

The same treatment is utilized to deal with any subsequent disagreements in between neighbouring owners that may arise in relation to the alerted works, consisting of any loss or damage suffered by an adjacent owner as a result of their execution.

Inactiveness on the part of the adjoining owner does not halt the statutory procedure. A dispute can emerge by an adjoining 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 ways of making that objection are not important, however if he remains quiet, neither dissenting nor consenting for a duration of 14 days after having been served with a Notification under either Area 3 or Area 6, the Act considers a dissent to have actually emerged in any event.

There is no deemed dissent provision in Section 1 of the Act. A legitimate dispute can still occur, and surveyors be selected in accordance with Area 10, in regard of works alerted under that area but only as relates to actual dissent on particular premises. An adjacent owner’s reasons for disputing Section 2 and Area 6 works are rarely specified prior to the appointment of property surveyors and in a lot of cases not even then.

Where dissent has emerged, whether actual or deemed, both owners are legally required to designate 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 visit by the other party, should do so within 10 days of the request being served. Failure to comply, instantly offers the owner making the demand the statutory authority to appoint a surveyor on behalf of the recalcitrant party. This treatment is set out in section 10( 4) of the Act.

Where two surveyors are selected, they are required to agree upon the choice, in composing, of a 3rd property surveyor who may be hired by either of the property surveyors or either of the celebrations to figure out the contested matters and make the essential award. The 3rd property surveyor is never designated by anyone however the Act provides the person so chose the exact same statutory powers as the two property surveyors.

3rd surveyors are most typically called upon where the two surveyors have reached a deadlock in their considerations over some particular point and often this can be in respect on the reasonableness of the fees of the property surveyor selected by the adjacent owner. Rarely will a 3rd surveyor be asked to prepare an award in regard of the entire works however may accompany one or other of the two property surveyors to do so if the need arises.

There is no meaning of who can be a surveyor, but 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 inspection of the works to ensure that they abide by the works, and who will spend for the works. If the work is entirely for the benefit of the structure owner, then they will usually be required to pay the charges and the expense of the works.

Celebrations have 14 days to appeal to the county court if they disagree with the award.

The Act permits access to the adjoining residential or commercial property for the functions of carrying out the works whether the adjoining owner allows or not, however they should be provided 2 week notice.

NB: The intro of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 suggests that from 6 April 2016, notifications and other documents can be served by electronic communications.

The info that Observes should provide in respect of works covered the above sections is various in each case. The requirements of Area 1 and Section 6 Notifications are set out in those sections however the requirements of a Notice relating to Section 2 works is set out in Section 3 of the Act. A legitimate disagreement can still emerge, and property surveyors be designated in accordance with Section 10, in regard of works alerted under that area but just as regards real dissent on specific premises. An adjoining owner’s reasons for challenging Area 2 and Section 6 works are rarely defined prior to the appointment of property surveyors and in lots of cases not even then.

Where dissent has actually arisen, whether real or deemed, both owners are lawfully required to select a concurred property surveyor or, if they can not collectively agree on a single person, a property surveyor each and if asked for to make such a visit by the other party, must do so within 10 days of the demand being served.

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