Faulkners Surveyors is a credible and expert company of party wall surveyors in Bridlington, specialising in all party wall matters in Bridlington and the Home Counties. The business was founded in 2010 with the coming together of 3 independent skilled Surveyors who specialise in this niché location of surveying.
What is a party wall in Bridlington?
A party wall is a wall that sits directly on the border of land between two (and often more) different owners. Fine examples consist of the walls that separate semi-detached or terraced houses– or walls that make up the limit in between 2 gardens (celebration fence walls).
The Party Wall Act
The Party Wall Act 1996 applies to houses in England and Wales and was developed to prevent structure work that might jeopardize the structural stability of any shared wall (party wall) or adjoining residential or commercial properties. If they need to occur, the Party Wall Act can be used to stop disputes in between neighbours and to help fix them.
The Party Wall Act 1996 does not apply to Scotland and Northern Ireland where common law is used to settle party wall concerns.
Do I require a party wall agreement?
If you prepare on carrying out any structure work near or on a party wall, a party wall agreement is needed. You should inform your neighbours, supply them with a Party Wall Notice and create a Party Wall Agreement in composing. Although they will not serve the notification for you if you utilize an architect or a contractor then they must be able to advise you on this.
The following works need you to acquire a Party Wall Agreement:
- Any work to shared walls (party walls) between semi-detached and terraced homes.
- Work including shared ‘celebration structures’, such as floorings in between flats.
- Work to garden border walls.
- Excavation works– or underpinning– to, or close by (within 3-6m), the party wall.
- Loft conversions that mean cutting into a party wall.
- Inserting a wet proof course into a party wall.
- Making party walls thicker or greater.
- Building a second-storey extension above a shared wall.
- Constructing a brand-new wall up to or off the party wall.
Which tasks do not need a party wall agreement?
Not all work to party walls requires a party wall agreement. These include minor works such as drilling into the wall internally to fit kitchen units or shelving. Having the wall plastered or adding or changing electrical wiring or sockets will not need an arrangement either.
What is a party wall notice?
A Party Wall Notice should be provided to your neighbours to supply them with notice of the works you mean to perform to the party wall in question, between two months and a year in advance of the work beginning.
Planning consent is not needed to serve a party wall notice and, due to the fact that you will have up to a year to start work as soon as the notice has actually been served, it is a great concept to do this as soon as possible in order to avoid delays. You ought to talk to your neighbours face to face first prior to serving written notification in order to assure them that you are taking the correct path and precautions. This should assist you prevent misconceptions or disputes, and enable a speedy agreement to be written up.
You could also give your neighbour information of the Party Wall Act to help them understand the procedure– point them in the direction of the Party Wall information section on the Federal government’s website.
In order to officially serve notice, you ought to write to your affected neighbour( s), including your contact information, comprehensive details of the work that you have actually prepared, the date that work will start, along with any access requirements over their home (perhaps to get products or devices onto site). In the case of adjoining leasehold homes, you must serve notice to the building’s owners in addition to to the occupant( s) living there.
A helpful guide, along with Party Wall Notice templates can be discovered on the Government’s website here. It is smart to enclose a reply letter and envelope for the neighbours to sign and return– which, if you have spoken with them prior to sending, must not come as a surprise.
What happens as soon as my neighbour gets my Party Wall Notice?
They have numerous choices:
- Offer authorization in writing.
- Refuse permission– beginning the ‘dispute resolution process’.
- Issue a counter notice, requesting that extra works be carried out at the same time (something they will be needed to spend for if they will be taking advantage of the work, such as repair work to the shared wall).
You should wait on a response– your neighbour needs to let you know, in composing, within 2 week if they consent. The best case circumstance is that they consent to all the works, in writing, suggesting you will not need a party wall agreement, which saves money on charges.
A counter notice needs to be released within a month of your notice. If your neighbours do not react within the above timescales then the disagreement resolution procedure starts.
What occurs if I don’t serve a Party Wall Notice?
Whilst stopping working to get a Party Wall Agreement is not actually a legal offence, not just will you be breaching a ‘statutory task’ but you likewise risk having to pay for damage that wasn’t your fault. Your neighbour might declare their residential or commercial property has actually been damaged by your work and without any information or evidence of the previous state of the property (which a party wall notice would have offered you) there is very little you can do.
The courts tend to take a bad view of failure to serve a party wall notice and you may be ordered to pay for repair work which, in reality, might not be your obligation. In addition, your neighbours might take civil action against you and have actually an injunction provided to prevent any additional work up until a party wall agreement is set up. This will delay the task and might increase expenses.
My neighbour refused to offer consent to my party wall agreement – what takes place next?
If, after serving notice, your neighbour either declines consent or stops working to react, you are thought about to be ‘in dispute.’
You have a few choices here. First of all, you could call your neighbour, listen to their issues and attempt to come to an agreement you are both delighted with. This is the suitable.
They might write to you with a counter notification. These notices normally ask for changes to the work defined, or extra works, or sometimes conditions such as restricted working hours. If you can both settle on these changed terms, you should put them in writing and continue. Your neighbour may need to meet a share of the expenses of any extra work that they request for and that will benefit them.
If an arrangement is out of the concern then you will need to appoint a party wall surveyor. You could select a property surveyor to work for both of you, or each designate your own. The property surveyor will set up 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 carried out and who will spend for it (including property surveyor’s fees). If you are not happy with the award, you can appeal versus it at a county court, submitting an ‘appellant’s notification’ to discuss why you are launching an appeal.
Do I need a party wall surveyor?
In a lot of cases individuals discover they do not require the services of a party wall surveyor. If your neighbour reacts to your notice permitting in writing that works can begin, there is normally no need to designate a surveyor.
In any case, you are still responsible for ensuring any damage triggered during the works is fixed. Examine the wall with your neighbour before work starts and take and share pictures of the wall in order to avoid later disputes– for instance existing fractures. Some individuals choose to ask a property surveyor to perform a condition study at this stage in order to minimise the risk of disputes.
If your neighbour does not allow, you will require a Party Wall Award and, therefore, a party wall surveyor. Generally you and your neighbour will utilize simply one property surveyor (an excellent idea as it means only one set of fees).
Fees differ, however on average, a Party Wall Award expenses around ₤ 1,000 in total.
A party wall agreement is required if you plan on bring out any building work near or on a party wall. You should tell your neighbours, provide them with a Party Wall Notice and come up with a Party Wall Agreement in composing. Not all work to celebration walls requires a party wall agreement. Planning authorization is not required to serve a party wall notice and, due to the fact that you will have up to a year to start work once the notification has been served, it is an excellent concept to do this as soon as possible in order to prevent delays. Examine the wall with your neighbour prior to work starts and take and share images of the wall in order to avoid later 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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