Faulkners Surveyors is a expert and respectable company of party wall surveyors in Basingstoke, specialising in all party wall matters in Basingstoke and the Home Counties. The company was founded in 2010 with the coming together of 3 independent experienced Surveyors who specialise in this niché location of surveying.

Party wall agreements in Basingstoke explained

Party wall agreements are an aspect of extending and remodeling you might require to understand about. Baffled by the legalities? Expert residential or commercial property renovator Michael Holmes explains what is included and the guidelines of the Party Wall Act

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Party wall arrangements are something you need to know about it you’re planning an extension or renovation beside an adjoining home in England or Wales. The Party Wall Act 1996 is created to assist you undertake work– offering access to neighbouring properties– while safeguarding the interests of your neighbours.

Learn whatever you need to know, from what the Party Wall Act is to abiding by the act, issuing a written notification and how to discover a property surveyor, with our helpful guide to party wall contracts.

Learn more about extending a house and refurbishing a home on our dedicated pages.

WHAT IS A PARTY WALL AGREEMENT?

A party wall agreement, covered by the Party Wall Act covers shared walls between semi-detached and terraced homes, or structures such as the floors in between flats or maisonnettes, plus garden limit walls. In addition to changes impacting the structures straight, the result of any excavations within 3 to 6 metres of the border can be covered by the Act if the foundations are thought about to be likely to have an effect (based upon depth).

To put it simply, if you’ll be doing structural work on a wall you show your neighbours, you need a party wall agreement.

WHAT DOES A PARTY WALL AGREEMENT CONSIST OF?

A party wall agreement usually includes:

WHAT IS A PARTY WALL?

 

WHAT SORT OF WORK IS COVERED BY THE PARTY WALL ACT?

The most typically used rights granted are:

WHAT OCCURS IF I PROCEED WITH NO PARTY WALL AGREEMENT

While stopping working to observe the act is not an offense, your neighbours can take civil action versus you and have actually an injunction provided to stop more work up until a party wall agreement is set up. This will delay your task and is likely to increase your expenses– your builder may demand compensation for the time they can not work, or may begin another task and not return for a number of months.

Your neighbours might look for settlement if they can show they have suffered a loss as a result of the work, and it might even need removal of the work. The exact same uses if you have a party wall agreement with your neighbours however fail to observe the terms agreed.

HOW DO I ABIDE BY THE PARTY WALL ACT?

You must serve notification at least two months before work begins if constructing work affects a party structure. When it comes to excavations, you need to provide a minimum of one month’s notification. Work can start when a contract has been participated in.

You need to write to all adjacent homeowners, stating your name and address, a complete description of the work, consisting of the residential or commercial property address and begin date, plus a declaration that it is a Party Wall Notice under the provisions of the Act.

HOW DO I ISSUE A WRITTEN PARTY WALL NOTICE?

Prior to serving notice, chat to your neighbours about your strategies and ensure they comprehend what it is you are preparing to do.

You serve notice on your neighbour by writing to them and including your contact details and complete information of the works to be performed, access requirements and the proposed date of commencement. In a city environment, your task may affect several adjoining neighbours, and you will need to serve notice on each of them. If a home is leasehold you will need to serve notice on both the building and the occupant’s owner.

Provide your neighbour with information of the Party Wall Act so that they understand what they are accepting– downloading the Preparation Website’s description of the Party Wall Act is the very best way around this.

Your neighbour has 14 days to respond and give their approval, or request a party wall settlement. If they agree to the operate in composing, you will not need a party wall agreement and this can minimize the costs, which are generally ₤ 700 to ₤ 900 per neighbour. It therefore pays to call your neighbours first to discuss your proposals and to attempt to conquer any problems beforehand, or at least ensure they get the notification and respond within 14 days, because if they fail to, they are deemed to be in dispute and you will require to instruct a surveyor anyway, whether they grant the works or not.

WHAT OCCURS WHEN THE ADJACENT PROPERTY OWNER AUTHORIZATIONS?

It’s always a great concept to go over propositions in advance of serving notice. They might merely consent to the work (however you’ll need this in composing) and you’ll sustain no fees if you get your neighbour on board.

You will still have to comply with the regards to the Act, for instance preventing unnecessary inconvenience, supplying momentary protection for surrounding structures and residential or commercial properties where required and compensating your neighbour for any loss or damage if it is caused by the work.

IF THE ADJACENT OWNER REFUSES TO CONSENT TO THE WORK, WHAT HAPPENS?

If they refuse or fail to respond, you are deemed to be in dispute; if this happens, you can contact the owner and attempt to negotiate an arrangement.

They may write to you and provide a counter-notice, asking for certain modifications to the work, or set conditions such as working hours. If you can reach agreement, put the terms in composing and exchange letters, work can start.

If you stop working to reach an agreement, you’ll need to appoint a property surveyor to set up a Party Wall Award that will set out the information of the work. Hopefully, your neighbour will consent to use the exact same surveyor as you– an ‘agreed property surveyor’ so it will just incur a single set of costs. However, your neighbour deserves to select their own surveyor at your expense.

If each side’s property surveyor still can not concur, you need to pay for a 3rd property surveyor to adjudicate.

WHAT DOES A PARTY WALL AGREEMENT COST?

It can cost from ₤ 700 to ₤ 900 per property surveyor if you need an Award. If you have numerous adjoining property owners, each demanding using their own surveyor, the fees can be rather substantial, so reasoned negotiation is constantly a good idea.

CAN AN ADJOINING OWNER STOP THE WORK?

If you fail to issue a Party Wall Notice prior to the appropriate work starts, or stop working to secure a Party Wall Award, your neighbour can serve an injunction to stop or avoid the work that will affect their residential or commercial property, until the Award remains in location.

If you abide by the Act, however, they can’t avoid the work from going ahead, or reject you access to their property to undertake the work.

WHAT IF MY NEIGHBOUR COMPLAINS ABOUT THE NOISE?

Part 3 of the Environmental Protection Act 1990 places a responsibility on a local authority to investigate problems of statutory nuisance from people living within its area. This includes complaints about sound and dust from structure work where it unreasonably interferes with the usage or satisfaction of their premises or is prejudicial to their health.

The regional authority will constantly motivate surrounding landowners to solve matters amicably– for instance by scheduling deliveries or works for just particular hours of the day and restricting work performed on Sundays and Bank Holidays. If the local authority decide to take enforcement action, you are encouraged to abide by this, as breach can lead to prosecution.

WHAT ABOUT PARTY WALL AGREEMENTS IN SCOTLAND OR NORTHERN IRELAND?

The Party Wall and so on. Act 1996 just applies to England and Wales. Scotland and Northern Ireland rely on common law instead of legislation to settle party wall disputes. Neighbouring owners can work out to permit work to continue– and access can be required through the courts if essential.

WHAT ABOUT MY NEIGHBOUR’S RIGHT TO LIGHT?

If you are extending a property close to a neighbour and this will considerably minimize the light that reaches their plot and passes through their windows, you may be infringing their right to light. This might give them the right to seek an injunction to have your proposed advancement reduced in size or to look for a payment to make up for the decrease of light.

The court might award payment rather of an injunction if the loss of light is small and can be sufficiently compensated economically. However, if you have actually constructed without consideration for your neighbour’s right to light and are discovered to have infringed their right, the court has the power to have the structure removed or modified at your cost.

In England and Wales, a right to light is generally acquired by prescription– to put it simply, once light has actually been delighted in for an undisturbed duration of 20 years through the windows of the structure. Once obtained, the right to light extends only to a specific quantity of light such as is suitable for the constant use and satisfaction of the building, and is not a right to all the light that was once delighted in.

This suggests the right to light can be lowered by development– there is no assumption that any reduction in light to your neighbour’s property gives grounds for them to prevent your advancement. Specialist computer software application programmes are utilized to compute mathematically whether a development triggers an infringement, and the outcomes are used to determine whether any settlement might be payable and, if so, just how much.

Your neighbour’s right to light is not lessened or decreased by the fact that the regional authority have approved you preparing consent for your task, or because your desired job makes up permitted advancement therefore does not require planning consent.

Party wall contracts are an element of extending and remodeling you may require to understand about. Professional property renovator Michael Holmes discusses what is included and the rules of the Party Wall Act

Your neighbour has 14 days to respond and provide their consent, or request a party wall settlement. If they agree to the works in writing, you will not need a party wall agreement and this can save on the fees, which are typically ₤ 700 to ₤ 900 per neighbour. If you fail to reach an arrangement, you’ll need to select a property surveyor to set up a Party Wall Award that will set out the details of the work.

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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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