Faulkners Surveyors is a reputable and professional firm of party wall surveyors in Dudley, specialising in all party wall matters in Dudley 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 Dudley?
A party wall is a wall that sits straight on the border of land between two (and often more) various owners. Fine examples include the walls that separate semi-detached or terraced houses– or walls that comprise the border in between two gardens (celebration fence walls).
The Party Wall Act
The Party Wall Act 1996 applies to homes in England and Wales and was designed to prevent building work that might compromise the structural integrity of any shared wall (party wall) or adjacent residential or commercial properties. The Party Wall Act can be utilized to stop disagreements in between neighbours and to assist resolve them if they must emerge.
The Party Wall Act 1996 does not apply to Scotland and Northern Ireland where common law is utilized to settle party wall concerns.
Do I need a party wall agreement?
If you prepare on carrying out any building work near or on a party wall, a party wall agreement is needed. You must inform your neighbours, supply them with a Party Wall Notice and create a Party Wall Agreement in composing. If you use a designer or a contractor then they ought to have the ability 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 semi-detached and terraced houses.
- Work including shared ‘party structures’, such as floors 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.
- Placing a moist evidence course into a party wall.
- Making party walls thicker or greater.
- Building a second-storey extension above a shared wall.
- Developing a brand-new wall up to 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 kitchen systems or shelving. Having the wall plastered or adding or replacing electrical wiring or sockets will not need an arrangement either.
What is a party wall notice?
A Party Wall Notice need to be provided to your neighbours to supply them with notice of the works you intend to perform to the party wall in question, in between two months and a year in advance of the work starting.
Preparation authorization is not required to serve a party wall notice and, since you will have up to a year to begin work once the notice has been served, it is an excellent concept to do this as soon as possible in order to avoid delays. You need to speak to your neighbours in person initially before serving written notification in order to assure them that you are taking the proper path and safety measures. This should help you avoid misconceptions or conflicts, and allow a speedy arrangement to be written up.
You could likewise provide your neighbour details of the Party Wall Act to help them comprehend the process– point them in the direction of the Party Wall information section on the Government’s website.
In order to formally serve notice, you need to write to your impacted neighbour( s), including your contact details, detailed details of the work that you have actually planned, the date that work will start, along with any gain access to requirements over their home (maybe to get materials or equipment onto site). In the case of adjacent leasehold properties, you need to serve notice to the structure’s owners in addition to to the tenant( s) living there.
A helpful guide, together with Party Wall Notice templates can be found on the Federal government’s site here. It is wise to confine a reply letter and envelope for the neighbours to return and sign– which, if you have actually spoken to them before sending out, should not come as a surprise.
What takes place when my neighbour receives my Party Wall Notice?
They have several choices:
- Offer consent in writing.
- Refuse consent– starting the ‘conflict resolution process’.
- Provide a counter notice, asking for that extra works be performed at the same time (something they will be needed to spend for if they will be benefiting from the work, such as repair work to the shared wall).
You need to wait for an action– your neighbour should let you understand, in composing, within 2 week if they consent. The best case circumstance is that they accept all the works, in writing, implying you will not require a party wall agreement, which minimizes costs.
A counter notice must be released within a month of your notice. If your neighbours don’t react within the above timescales then the conflict resolution process begins.
What happens if I do not serve a Party Wall Notice?
Whilst failing to get a Party Wall Agreement is not actually a legal offense, not only will you be breaching a ‘statutory responsibility’ but you also risk needing to spend for damage that wasn’t your fault. Your neighbour might claim their residential or commercial property has been harmed by your work and with no information or proof 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 poor view of failure to serve a party wall notice and you may be bought to pay for repair work which, in reality, may not be your responsibility. In addition, your neighbours might take civil action versus you and have actually an injunction issued to prevent any more work till a party wall agreement is set up. This will postpone the task and could increase costs.
My neighbour declined to give grant my party wall agreement – what happens next?
If, after serving notice, your neighbour either declines approval or fails to respond, you are thought about to be ‘in dispute.’
You have a couple of options here. You could call your neighbour, listen to their concerns and attempt to come to an agreement you are both pleased with. This is the ideal.
They might write to you with a counter notice. These notifications normally request changes to the work defined, or additional works, or often conditions such as restricted working hours. You ought to put them in composing and continue if you can both agree on these changed terms. Your neighbour might need to meet a share of the costs of any additional work that they request for and that will benefit them.
Then you will need to designate a party wall surveyor, if an agreement is out of the question. You could appoint a surveyor to work for both of you, or each designate your own. The surveyor will organize 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 property surveyor’s charges). If you are not pleased with the award, you can appeal versus it at a county court, filing an ‘appellant’s notice’ to describe why you are introducing an appeal.
Do I require a party wall surveyor?
In many cases individuals find they do not need the services of a party wall surveyor. If your neighbour reacts to your notification giving permission in composing that works can begin, there is usually no requirement to select a surveyor.
In any case, you are still responsible for ensuring any damage triggered throughout the works is fixed. Inspect the wall with your neighbour prior to work starts and take and share photos of the wall in order to prevent later on conflicts– for instance existing fractures. Some individuals choose to ask a property surveyor to perform a condition study at this phase in order to reduce the threat of conflicts.
If your neighbour does not permit, you will need a Party Wall Award and, for that reason, a party wall surveyor. Generally you and your neighbour will utilize simply one surveyor (an excellent concept as it implies only one set of fees).
Charges differ, however typically, a Party Wall Award expenses around ₤ 1,000 in total.
A party wall agreement is needed if you prepare on bring out any structure work near or on a party wall. You need to inform your neighbours, supply them with a Party Wall Notice and come up with a Party Wall Agreement in composing. Not all work to party walls needs a party wall agreement. Preparation consent 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 been served, it is an excellent concept to do this as soon as possible in order to avoid delays. Examine the wall with your neighbour prior to work starts and take and share pictures of the wall in order to avoid later conflicts– for example existing cracks.
Current Weather at Dudley
Learn More about Party Wall
A party wall (sometimes parti-wall or parting wall surface, also recognized as usual wall or as a demising wall) is a separating dividers between two adjacent buildings that is shared by the occupants of each residence or company. Commonly, the builder lays the wall surface along a home line splitting two terraced houses, so that one half of the wall surface’s thickness pushes each side. This type of wall is normally structural. Celebration wall surfaces can additionally be formed by two abutting walls built at different times. The term can be likewise made use of to explain a department in between different systems within a multi-unit apartment building. Extremely typically the wall surface in this situation is non-structural however designed to meet well established requirements for audio and/or fire security, i.e. a firewall program.
Our Office Location in Dudley
Follow us on Social Medias
Around The Web