What is a party wall in Bangor?
A party wall is a wall that sits straight on the limit of land in between 2 (and in som
ecases more) various owners. Good examples consist of the walls that separate semi-detached or terraced homes– or walls that comprise the limit between two gardens (party fence walls).
The Party Wall Act
The Party Wall Act 1996 applies to houses in England and Wales and was created to prevent structure work that could jeopardize the structural integrity of any shared wall (party wall) or adjoining residential or commercial properties. If they should occur, the Party Wall Act can be utilized to stop conflicts between neighbours and to help resolve them.
The Party Wall Act 1996 does not apply to Scotland and Northern Ireland where common law is used to settle party wall problems.
Do I need a party wall agreement?
If you plan on bring out any structure work near or on a party wall, a party wall agreement is required. You need to inform your neighbours, offer them with a Party Wall Notice and develop a Party Wall Agreement in writing. If you utilize a designer or a home builder then they ought to be able to recommend you on this, although they will not serve the notification for you.
The following works need you to get a Party Wall Agreement:
- Any work to shared walls (party walls) between terraced and semi-detached houses.
- Work involving shared ‘celebration structures’, such as floors between flats.
- Work to garden border walls.
- Excavation works– or underpinning– to, or close by (within 3-6m), the party wall.
- Loft conversions that imply cutting into a party wall.
- Placing a wet evidence course into a party wall.
- Making party walls thicker or higher.
- Building a second-storey extension above a shared wall.
- Building a new wall as much as or off the party wall.
Which tasks do not require 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 units or shelving. Having the wall plastered or adding or replacing electrical circuitry or sockets will not need an arrangement either.
What is a party wall notice?
A Party Wall Notice must be provided to your neighbours to offer them with notice of the works you plan to perform to the party wall in question, between 2 months and a year in advance of the work beginning.
Preparation approval is not needed to serve a party wall notice and, because you will have up to a year to begin work when the notification has actually been served, it is an excellent idea to do this as soon as possible in order to avoid delays. You need to speak with your neighbours personally first before serving composed notification in order to assure them that you are taking the correct path and preventative measures. This must help you avoid misunderstandings or disagreements, and make it possible for a speedy arrangement to be written.
You might also provide your neighbour details of the Party Wall Act to help them understand the procedure– point them in the direction of the Party Wall details section on the Federal government’s website.
In order to formally serve notice, you must write to your affected neighbour( s), including your contact details, detailed details of the work that you have planned, the date that work will start, along with any access requirements over their home (maybe to get products or equipment onto site). In the case of adjoining leasehold residential or commercial properties, you need to serve notice to the building’s owners along with to the occupant( s) living there.
A handy guide, along with Party Wall Notice templates can be discovered on the Federal government’s site here. It is a good idea to enclose a reply letter and envelope for the neighbours to sign and return– which, if you have actually spoken to them before sending, need to not come as a surprise.
What happens as soon as my neighbour gets my Party Wall Notice?
They have several choices:
- Provide consent in composing.
- Decline consent– beginning the ‘disagreement resolution process’.
- Provide a counter notice, asking for that extra works be performed at the same time (something they will be required to spend for if they will be gaining from the work, such as repairs to the shared wall).
You must wait for a reaction– your neighbour ought to let you know, in writing, within 2 week if they consent. The best case circumstance is that they agree to all the works, in writing, implying you will not need a party wall agreement, which saves on costs.
A counter notification must be issued within a month of your notification. If your neighbours don’t respond within the above timescales then the conflict resolution procedure starts.
What takes place if I do not serve a Party Wall Notice?
Whilst failing to get a Party Wall Agreement is not actually a legal offense, not just will you be breaching a ‘statutory task’ but you likewise run the risk of having to spend for damage that wasn’t your fault. Your neighbour might declare their home has actually been harmed by your work and without any details or evidence of the previous state of the property (which a party wall notice would have given you) there is very little you can do.
The courts tend to take a poor view of failure to serve a party wall notice and you might be ordered to spend for repair work which, in reality, might not be your responsibility. In addition, your neighbours could take civil action against you and have actually an injunction issued to prevent any further work till a party wall agreement is arranged. This will postpone the job and could increase costs.
My neighbour refused to offer grant my party wall agreement – what occurs next?
If, after serving notice, your neighbour either refuses approval or fails to react, you are considered to be ‘in dispute.’
You have a couple of options here. You could call your neighbour, listen to their issues and try to come to an arrangement you are both happy with. This is the perfect.
They may write to you with a counter notification. These notices generally request modifications to the work defined, or additional works, or often conditions such as restricted working hours. You need to put them in composing and continue if you can both agree on these changed terms. Your neighbour might need to satisfy a share of the costs of any additional work that they request which will benefit them.
Then you will need to select a party wall surveyor, if a contract is out of the concern. You could select a property surveyor to work for both of you, or each appoint your own. The surveyor will arrange a Party Wall Award, setting out information of the work.
The Party Wall Award is a legal file setting out what, how and when work can be carried out and who will pay for it (including surveyor’s charges). If you are not delighted with the award, you can appeal against it at a county court, submitting an ‘appellant’s notice’ to describe why you are introducing an appeal.
Do I require a party wall surveyor?
In most cases individuals discover they do not need the services of a party wall surveyor. If your neighbour responds to your notice giving permission in writing that works can begin, there is usually no requirement to select a surveyor.
In any case, you are still responsible for making sure any damage caused during the works is repaired. Inspect the wall with your neighbour prior to work starts and take and share pictures of the wall in order to prevent later on conflicts– for example existing fractures. Some individuals choose to ask a property surveyor to perform a condition study at this phase in order to minimise the threat of conflicts.
If your neighbour does not give permission, you will need a Party Wall Award and, therefore, a party wall surveyor. Typically you and your neighbour will use simply one surveyor (a great idea as it suggests only one set of fees).
Fees differ, however usually, a Party Wall Award costs around ₤ 1,000 in total.
A party wall agreement is required if you prepare on carrying out any building work near or on a party wall. You need to tell your neighbours, offer 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. Planning approval is not required to serve a party wall notice and, since you will have up to a year to start work when the notification has actually been served, it is a good concept to do this as quickly as possible in order to avoid hold-ups. Inspect the wall with your neighbour prior to work starts and take and share images of the wall in order to avoid later on conflicts– 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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