The Faulkners Surveyors is a professional Chartered Building Surveying Practice that operates throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall and so on. Act 1996 and supplies the following services:
Neutral advice on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjacent Owners or Building Owners
Acting as the Agreed Party Wall Surveyor
Undertaking Schedules of Condition studies
Preparation and negotiation of Party Wall Awards (Agreements).
Party Wall (WikiPedia)
Party Wall Act
The Party Wall and so on. Act 1996 is an allowing Act, insofar as it gives the owner of a property the legal right to carry out particular works that might otherwise constitute trespass or problem.
Nevertheless, it also seeks to protect the interests of adjoining owners from any potentially adverse impacts that such works might have by imposing a requirement that all adjoining owners be offered prior notice of them.
In addition, the Act attends to a mandatory disagreement resolution treatment moderated by a statutorily selected surveyor or property surveyors if neighbouring owners have concerns about the application of any proposal so informed.
Specifically, such notification should be served where the owner of a home (referred to as ‘the structure owner’) plans to carry out any building and construction work described 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 restricted to the following:
- Area 1 uses where it is proposed to erect a new wall at a boundary that is not currently built on.
- Section 2 issues existing party structures, that include party walls, partitions and floorings (that different buildings or parts of structures), party fence walls (basically a border wall in between lands in different ownership which is built astride a limit) and, in some circumstances, a neighbour’s independent home.
- Area 6 can apply to excavations as much as 6 m away from a structure or structure on neighbouring land, based on depth criteria which the Act sets out.
The information 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 Notices are set out in those areas however the requirements of a Notification associating with Section 2 works is set out in Section 3 of the Act. It is necessary to note that the credibility of any notification not offering all the relevant info or served in the incorrect way, could be open to challenge in Court.
There is no standard form of Notification although many people utilize those published by the RICS or versions added to the explanatory pamphlet issued by the Department for Communities and City Government. Nevertheless, offered all the information needed by the appropriate area of the Act is present, a simple letter would be similarly legitimate.
Depending on the circumstances of any provided project there may be more than one adjoining owner on whom see requirements to be served in respect of the very same work and, when it comes to deep excavations, an Adjoining Owner might be aside from an instant neighbour. It is always more effective to discuss the desired works with adjacent owners before serving them with formal composed notification – a proposition well explained may alleviate issues sufficient to prevent a disagreement arising and avoid the requirement to appoint surveyors.
There are 2 exceptions where the requirement to serve notice may be avoided:
- De minimis works: The federal government’s explanatory booklet states that some works on a party wall may be so small that service of notification under the Act would be normally considered as not required and give as examples works unlikely to affect the structural strength or support functions of a party structure or cause damage to the neighbours side of it, such as re-plastering, shallow chasing for electrical wiring or placing power sockets, and screws to support shelves, cooking area cabinets, and so on.
- Functions under Area 2 of the Act supplied that composed approval is obtained from all Adjacent Owners and Occupiers prior to work commences.
The 3 kinds of Notification are understood, respectively as:
- Area 1: Line of Junction Notice
- Section 3 (for S2 works): Party Structure Notification
- Section 6: Notification of Adjacent Excavation
A party structure notice should be served a minimum of two months prior to the date on which it is proposed to begin that work. The other 2 notices need to be served a minimum of one month prior to work starting.
The compulsory details which Notices need to consist of are as follows:
- Line of Junction Notification:
- An indicator of the building owner’s desire to build a wall.
- A description of the wall.
- Party Structure Notification:
- The name and address of the building owner.
- The nature and particulars of the proposed work.
- The date on which the proposed work will start.
- Notice of Adjacent Excavation:
- An indication of the building owner’s propositions.
- A declaration as to whether or not the structure owner proposes to underpin or otherwise reinforce or secure the structures of the structure or structure of the adjoining owner.
- Accompanying plans and areas revealing: a) the site and depth of any excavation the structure owner proposes to make; b) if he proposes to set up a structure or structure, its website.
Most of the pro-forma notices in use consist of the following information 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 regarding the beginning of works relative to the appropriate notification duration.
- An advisory note discussing what takes place if the recipient actively dissents from the works or fails to respond within 14 days.
Section 10 of the Act states that where an adjoining owner does not permission in writing to works alerted by the structure owner under Areas 3 and 6, both celebrations should either settle on the consultation of a single surveyor to act for both of them (known as the Agreed Property Surveyor), or each select their own surveyor, to identify by award matters in dispute between the parties.
Where a job is straightforward, this might just involve factor to consider of the time and way in which those works are to be performed. In more complex plans, thought will need to be given to a commensurately greater number of aspects and indeed designated 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 procedure is used to solve any subsequent disputes between neighbouring owners that might occur in relation to the notified works, consisting of any loss or damage suffered by an adjacent owner as a result of their execution.
Inactiveness on the part of the adjacent owner does not stop the statutory procedure. A conflict can develop by an adjoining owner actively dissenting, that is, interacting to the building owner an objection in respect of some matter emerging out of or incidental to the works – the means of making that objection are not important, but if he remains silent, neither dissenting nor consenting for a duration of 2 week after having actually been served with a Notice under either Section 3 or Section 6, the Act considers a dissent to have arisen in any event.
There is no deemed dissent provision in Section 1 of the Act. A valid dispute can still emerge, and property surveyors be designated in accordance with Area 10, in respect of works notified under that section however only as relates to actual dissent on particular premises. An adjacent owner’s factors for disputing Section 2 and Area 6 works are hardly ever defined prior to the consultation of property surveyors and in a lot of cases not even then.
Where dissent has occurred, whether actual or considered, both owners are legally obliged to select 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 consultation by the other party, must do so within 10 days of the demand being served. Failure to comply, immediately provides the owner making the demand 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 two property surveyors are appointed, they are obliged to agree upon the choice, 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 required award. The third property surveyor is never ever selected by anybody however the Act provides the person so picked the very same statutory powers as the two property surveyors.
3rd property surveyors are most commonly hired where the two property surveyors have reached an impasse in their considerations over some specific point and typically this can be in respect on the reasonableness of the charges of the property surveyor designated by the adjacent owner. Seldom will a third property surveyor be asked to prepare an award in respect of the whole works but might accompany one or other of the two surveyors to do so if the requirement develops.
There is no definition of who can be a surveyor, but it needs to not be the same individual that will monitor 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 assessment of the works to guarantee that they abide by the works, and who will pay for the works. If the work is solely for the benefit of the building owner, then they will normally be needed to pay the fees and the cost of the works.
If they disagree with the award, celebrations have 14 days to appeal to the county court.
The Act enables access to the adjoining home for the functions of performing the works whether the adjoining owner allows or not, nevertheless they should be provided 14 days notification.
NB: The intro of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 means that from 6 April 2016, notifications and other documents can be served by electronic interactions.
The information that Sees must supply in regard of works covered the above areas is different in each case. The requirements of Area 1 and Section 6 Notifications 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 valid conflict can still develop, and property surveyors be designated in accordance with Area 10, in respect of works informed under that section but only as regards real dissent on particular grounds. An adjacent owner’s reasons for challenging Section 2 and Section 6 works are seldom defined prior to the appointment of property surveyors and in lots of cases not even then.
Where dissent has developed, whether actual or deemed, both owners are lawfully obliged to select a concurred surveyor or, if they can not collectively concur on a single individual, a property surveyor each and if requested to make such an appointment by the other party, must do so within 10 days of the request being served.
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