Like all our property studies, Faulkners Surveyors Party Wall Studies are conducted by RICS signed up surveyors and offer a neutral and independent service.
A Party Wall in Andover is a dividing partition in between 2 homes, the owners of which have shared obligation for the wall. Our Party Wall Surveyors in Andover are qualified to encourage you on a series of Party Wall issues you may be experiencing concerning your residential or commercial property.
Our Party Wall Surveyors in Andover cover the whole Andover location and the Home Counties.
What is a party wall in Andover?
A party wall is a wall that sits directly on the limit of land between two (and often more) various owners. Fine examples consist of the walls that separate terraced or semi-detached houses– or walls that make up the boundary in between two gardens (party fence walls).
The Party Wall Act
The Party Wall Act 1996 applies to homes in England and Wales and was designed to prevent structure work that could compromise the structural stability of any shared wall (party wall) or adjacent properties. The Party Wall Act can be utilized to stop disputes between neighbours and to assist solve them if they ought to emerge.
The Party Wall Act 1996 does not apply to Scotland and Northern Ireland where common law is used to settle party wall issues.
Do I need a party wall agreement?
If you plan on carrying out any structure work near or on a party wall, a party wall agreement is needed. You must inform your neighbours, offer them with a Party Wall Notice and come up with a Party Wall Agreement in writing. Although they will not serve the notice for you if you utilize an architect or a home builder then they must be able to advise you on this.
The following works require you to acquire a Party Wall Agreement:
- Any work to shared walls (party walls) in between terraced and semi-detached homes.
- Work involving shared ‘celebration structures’, such as floors between flats.
- Work to garden boundary walls.
- Excavation works– or underpinning– to, or close by (within 3-6m), the party wall.
- Loft conversions that suggest cutting into a party wall.
- Placing a damp evidence course into a party wall.
- Making party walls thicker or higher.
- Developing a second-storey extension above a shared wall.
- Building a brand-new wall approximately or off the party wall.
Which jobs do not need a party wall agreement?
Not all work to party walls needs a party wall agreement. These include small works such as drilling into the wall internally to fit cooking area systems or shelving. Having the wall plastered or including or replacing electrical circuitry or sockets will not require an arrangement either.
What is a party wall notice?
A Party Wall Notice must be given to your neighbours to provide them with notification of the works you mean to perform to the party wall in question, between 2 months and a year in advance of the work starting.
Preparation consent is not required to serve a party wall notice and, since you will have up to a year to start work once the notification has been served, it is a good idea to do this as soon as possible in order to avoid delays. You should speak with your neighbours personally initially before serving composed notice in order to reassure them that you are taking the proper path and precautions. This must assist you prevent conflicts or misunderstandings, and make it possible for a quick arrangement to be written.
You might likewise offer your neighbour information of the Party Wall Act to help them comprehend the procedure– point them in the direction of the Party Wall details section on the Government’s site.
In order to officially serve notice, you should write to your affected neighbour( s), including your contact information, comprehensive information of the work that you have actually prepared, the date that work will start, in addition to any gain access to requirements over their residential or commercial property (possibly to get materials or devices onto website). In the case of adjacent leasehold homes, you should serve notice to the building’s owners along with to the occupant( s) living there.
An useful guide, in addition to Party Wall Notice templates can be found on the Federal government’s website here. It is wise to confine a reply letter and envelope for the neighbours to sign and return– which, if you have actually spoken with them before sending, ought to not come as a surprise.
What takes place once my neighbour receives my Party Wall Notice?
They have numerous alternatives:
- Offer authorization in writing.
- Refuse permission– starting the ‘conflict resolution procedure’.
- Provide a counter notification, asking for that extra works be carried out at the same time (something they will be required to pay for if they will be taking advantage of the work, such as repair work to the shared wall).
You should wait for an action– your neighbour must let you know, in composing, within 2 week if they consent. The best case situation is that they consent to all the works, in composing, implying you will not require a party wall agreement, which minimizes costs.
A counter notification needs to be released within a month of your notice. If your neighbours don’t react within the above timescales then the dispute resolution procedure begins.
What happens if I don’t serve a Party Wall Notice?
Whilst stopping working to get a Party Wall Agreement is not in fact a legal offense, not only will you be breaching a ‘statutory duty’ however you likewise risk having to pay for damage that wasn’t your fault. Your neighbour might claim their home has been harmed by your work and with no details or proof of the previous state of the property (which a party wall notice would have offered you) there is not much you can do.
The courts tend to take a bad view of failure to serve a party wall notice and you might be ordered to spend for repairs which, in reality, may not be your obligation. In addition, your neighbours might take civil action versus you and have actually an injunction provided to prevent any more work till a party wall agreement is arranged. This will delay the project and might increase expenses.
My neighbour refused to provide consent to my party wall agreement – what occurs next?
If, after serving notice, your neighbour either declines permission or fails to react, you are considered to be ‘in dispute.’
You have a few options here. Firstly, you might contact your neighbour, listen to their concerns and try to come to an agreement you are both happy with. This is the ideal.
They might write to you with a counter notification. These notices usually ask for modifications to the work defined, or extra works, or sometimes conditions such as limited working hours. You must put them in writing and continue if you can both agree on these amended terms. Your neighbour might require to fulfill a share of the costs of any additional work that they request which will benefit them.
If an agreement is out of the question then you will need to select a party wall surveyor. You could appoint a property surveyor to work for both of you, or each appoint your own. The property surveyor will organize a Party Wall Award, setting out details of the work.
The Party Wall Award is a legal file setting out what, how and when work can be performed and who will pay for it (including surveyor’s costs). If you are not pleased with the award, you can appeal against it at a county court, submitting an ‘appellant’s notification’ to describe why you are launching an appeal.
Do I need a party wall surveyor?
In most cases people find they do not require the services of a party wall surveyor. If your neighbour responds to your notification giving permission in writing that works can start, there is normally no need to select a surveyor.
In any case, you are still responsible for guaranteeing any damage triggered during the works is fixed. Inspect the wall with your neighbour prior to work starts and take and share pictures of the wall in order to avoid later disputes– for example existing fractures. Some individuals decide to ask a surveyor to carry out a condition study at this stage in order to reduce the threat of disagreements.
If your neighbour does not allow, you will need a Party Wall Award and, therefore, a party wall surveyor. Normally you and your neighbour will use just one property surveyor (an excellent concept as it means only one set of costs).
Charges vary, but on average, a Party Wall Award costs around ₤ 1,000 in total.
A party wall agreement is needed if you prepare on bring out any structure work near or on a party wall. You must tell your neighbours, provide them with a Party Wall Notice and come up with a Party Wall Agreement in writing. Not all work to celebration walls needs a party wall agreement. Preparation consent is not required to serve a party wall notice and, because you will have up to a year to begin work as soon as the notification has actually been served, it is a great concept to do this as quickly as possible in order to avoid hold-ups. Examine the wall with your neighbour prior to work starts and take and share images of the wall in order to avoid later on disagreements– for example existing cracks.
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Learn More about Party Wall
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.
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