Faulkners Surveyors is a professional and trusted firm of party wall surveyors in Brixton, specialising in all party wall matters in Brixton and the Home Counties. The business was founded in 2010 with the coming together of 3 independent experienced Surveyors who specialise in this niché location of surveying.
Party wall Brixton matters
This information only applies in England and Wales.
If you’re a property owner who has actually agreed minor repair works with a neighbour of a shared limit, you’ll need a party wall agreement for repair work. For more substantial works, you’ll need to serve a party wall notice.
What is the legal background to party walls?
The Party Wall Act applies to many work carried out to party walls. If it applies, it indicates that you will have to serve notice of the proposed deal with your neighbour( s) and, if they do not consent to the work, you’ll have to designate a property surveyor to prepare a Party Wall Award.
Nevertheless, if works to the party wall are so minor, that service of notice under the Act is not essential (eg straightforward repairs, such as replastering, or cutting into the party wall to include or replace recessed electric circuitry and sockets) you can use a simple Party Wall Agreement to tape-record the work to be carried out.
What is a party wall?
The term “party wall” consists of the following:
- a wall that stands on the land of two (or more) owners and kinds part of a structure – this wall can be part of one structure just or separate structures belonging to different owners
- a wall that stands on the land of 2 owners but does not form part of a structure, such as garden wall (but not including lumber fences).
- a wall that is on a single person’s land but is used by two (or more) owners of separate properties.
What works are covered by the Party Wall Act?
- Constructing a brand-new wall or structure on or at the boundary of 2 residential or commercial properties.
- Cutting into or carrying out work to a party wall or structure.
- Making a party wall taller, much shorter or deeper.
- Eliminating chimney breasts from a party wall.
- Tearing down and restoring a party wall.
- Digging below the structure level of a neighbour’s property.
Kinds of notification.
- Party structure notice, for modifications that directly impact the party wall and consist of typical tasks, such as cutting holes to insert padstones and beams, cutting in flashings and removing chimney breasts.
- Notice of adjacent excavation, for when you are excavating within 3 or 6 metres of your neighbour’s building.
- Line of junction notice, for the building of a brand-new wall adjacent to a boundary, or the building and construction of a new wall astride a boundary.
When do you need to serve notice?
If your works are governed by the Party Wall Act, you’ll require to serve a party wall notice on every neighbouring home affected a minimum of two months before the works start. You can take up to a year to begin work as soon as notification has actually been served.
Your neighbours may seek to stop your work through a court injunction or seek other legal redress if you begin work without having first provided notice in the correct method.
What happens after you serve notice?
Once observe about designated work is served, your neighbour might either:.
- Give their permission in writing, or.
- Disagree with the works proposed in writing, or.
- Not do anything.
If, after a period of 14 days from the service of your notification, the individual getting the notification has actually not done anything, a disagreement is regarded as having actually emerged. Any disputes will be handled by a property surveyor.
When do you need a party wall agreement or award?
You’ll need a party wall agreement if you’re going to perform building and construction or changes which involve:
- Work performed on a wall,.
- Floor or ceiling shown another home,.
- Building on the border with another home,.
- Excavating within 6 meters of an adjoining building,.
- Fixing a party wall or spouts, fall pipes, sewers, drains pipes, wire channels, flues, chimney stacks, eaves or troughs utilized in common with neighbours.
To learn more, see the Department for Communities and Local Government (Assistance for performing structure work under the Party Wall Act 1996).
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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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