Faulkners Surveyors is a reliable and professional firm of party wall surveyors in Cannock, specialising in all party wall matters in Cannock and the Home Counties. The business was founded in 2010 with the coming together of three independent skilled Surveyors who specialise in this niché area of surveying.
What is a party wall in Cannock?
A party wall is a wall that sits directly on the limit of land between 2 (and in som
ecases more) various owners. Good examples consist of the walls that separate terraced or semi-detached houses– or walls that comprise the limit between two gardens (party fence walls).
The Party Wall Act
The Party Wall Act 1996 applies to homes in England and Wales and was devised to prevent building work that could jeopardize the structural stability of any shared wall (party wall) or adjoining homes. If they need to emerge, the Party Wall Act can be utilized to stop conflicts in between neighbours and to assist fix them.
The Party Wall Act 1996 does not apply to Scotland and Northern Ireland where common law is utilized to settle party wall problems.
Do I require a party wall agreement?
A party wall agreement is required if you intend on performing any building work near or on a party wall. You must tell your neighbours, offer them with a Party Wall Notice and develop a Party Wall Agreement in composing. If you use a builder or an architect then they ought to be able to encourage you on this, although they will not serve the notification for you.
The following works need you to obtain a Party Wall Agreement:
- Any work to shared walls (party walls) in between terraced and semi-detached homes.
- Work involving shared ‘party structures’, such as floorings between flats.
- Work to garden border 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 moist proof course into a party wall.
- Making party walls thicker or higher.
- Building a second-storey extension above a shared wall.
- Constructing a brand-new wall up to 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 consist of small works such as drilling into the wall internally to fit cooking area units or shelving. Having the wall plastered or including or replacing electrical wiring 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 supply them with notice of the works you intend to perform to the party wall in question, between 2 months and a year in advance of the work beginning.
Planning permission 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 when the notification has actually been served, it is a great idea to do this as soon as possible in order to avoid delays. You ought to speak with your neighbours face to face initially before serving written notification in order to assure them that you are taking the proper route and precautions. This ought to assist you avoid misunderstandings or disagreements, and allow a quick agreement to be written.
You could also give your neighbour details of the Party Wall Act to help them comprehend the process– point them in the direction of the Party Wall info area on the Government’s website.
In order to formally serve notice, you must write to your affected neighbour( s), including your contact info, extensive details of the work that you have prepared, the date that work will start, along with any gain access to requirements over their home (perhaps to get products or devices onto site). When it comes to adjacent leasehold homes, you must serve notice to the building’s owners in addition to to the tenant( s) living there.
A helpful guide, together with Party Wall Notice design templates can be discovered on the Government’s site here. It is wise to enclose a reply letter and envelope for the neighbours to return and sign– which, if you have actually spoken with them before sending, should not come as a surprise.
What takes place as soon as my neighbour gets my Party Wall Notice?
They have several options:
- Provide consent in writing.
- Refuse permission– beginning the ‘dispute resolution process’.
- Provide a counter notification, asking for that additional works be carried out at the same time (something they will be needed to spend for if they will be gaining from the work, such as repairs to the shared wall).
You should await a reaction– your neighbour must let you understand, in writing, within 14 days if they consent. The very best case scenario is that they accept all the works, in writing, indicating you will not need a party wall agreement, which saves money on fees.
A counter notice needs to be released within a month of your notification. Then the dispute resolution process starts, if your neighbours do not respond within the above timescales.
What happens if I do not serve a Party Wall Notice?
Whilst stopping working to get a Party Wall Agreement is not really a legal offense, not only will you be breaching a ‘statutory responsibility’ however you also run the risk of having to pay for damage that wasn’t your fault. Your neighbour could declare their property has been damaged by your work and without any details or proof 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 bad view of failure to serve a party wall notice and you may be purchased to pay for repairs which, in reality, may 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 delay the task and could increase expenses.
My neighbour declined to provide consent to my party wall agreement – what happens next?
If, after serving notice, your neighbour either declines authorization or stops working to react, you are thought about to be ‘in dispute.’
You have a couple of choices here. You might call your neighbour, listen to their concerns and try to come to an arrangement you are both pleased with. This is the ideal.
These notifications typically ask for changes to the work defined, or additional works, or often conditions such as limited working hours. Your neighbour may need to meet a share of the costs of any extra work that they ask for and that will benefit them.
If an arrangement is out of the question then you will require to designate a party wall surveyor. You could select a surveyor to work for both of you, or each select your own. The property surveyor will set up 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 performed and who will pay for it (including surveyor’s charges). If you are not happy 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 many cases people find they do not need the services of a party wall surveyor. If your neighbour reacts to your notification allowing in composing that works can begin, there is generally no need to designate a surveyor.
Either way, you are still responsible for ensuring any damage triggered during the works is repaired. Inspect the wall with your neighbour before work starts and take and share images of the wall in order to prevent later on disagreements– for example existing cracks. Some individuals choose to ask a surveyor to carry out 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. Usually you and your neighbour will utilize just one surveyor (an excellent concept as it suggests only one set of fees).
Fees vary, but typically, a Party Wall Award expenses around ₤ 1,000 in total.
A party wall agreement is needed if you prepare on carrying out any structure work near or on a party wall. You should tell your neighbours, offer them with a Party Wall Notice and come up with a Party Wall Agreement in writing. Not all work to party walls requires a party wall agreement. Preparation permission 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 once the notice has been served, it is a great idea to do this as soon as possible in order to avoid hold-ups. Examine the wall with your neighbour before work starts and take and share photos of the wall in order to prevent later on conflicts– for example existing cracks.
Current Weather at Cannock
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.
Our Office Location in Cannock
Our Youtube Videos
Follow us on Social Medias
Around The Web