Like all our residential or commercial property surveys, Faulkners Surveyors Party Wall Surveys are performed by RICS signed up surveyors and provide an independent and objective service.
A Party Wall in East Kilbride is a dividing partition in between 2 properties, the owners of which have shared obligation for the wall. Our Party Wall Surveyors in East Kilbride are qualified to recommend you on a variety of Party Wall problems you may be experiencing concerning your property.
Our Party Wall Surveyors in East Kilbride cover the entire East Kilbride location and the Home Counties.
What is a party wall in East Kilbride?
A party wall is a wall that sits straight on the limit of land in between two (and sometimes more) various owners. Fine examples consist of the walls that separate terraced or semi-detached houses– or walls that make up the boundary in between two gardens (celebration fence walls).
The Party Wall Act
The Party Wall Act 1996 applies to houses in England and Wales and was created to prevent building work that might compromise the structural integrity of any shared wall (party wall) or adjacent properties. If they ought to arise, the Party Wall Act can be used to stop conflicts between neighbours and to help resolve them.
The Party Wall Act 1996 does not apply to Scotland and Northern Ireland where common law is utilized to settle party wall issues.
Do I require a party wall agreement?
If you prepare on bring out any building work near or on a party wall, a party wall agreement is needed. You need to tell your neighbours, supply them with a Party Wall Notice and develop a Party Wall Agreement in composing. Although they will not serve the notification for you if you use a contractor or an architect then they ought to be able to recommend you on this.
The following works need you to get a Party Wall Agreement:
- Any work to shared walls (party walls) between semi-detached and terraced homes.
- Work including shared ‘celebration structures’, such as floors between flats.
- Work to garden boundary walls.
- Excavation works– or underpinning– to, or nearby (within 3-6m), the party wall.
- Loft conversions that suggest cutting into a party wall.
- Inserting a wet evidence course into a party wall.
- Making party walls thicker or higher.
- Constructing a second-storey extension above a shared wall.
- Building a brand-new wall as much as or off the party wall.
Which jobs do not require 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 require a contract either.
What is a party wall notice?
A Party Wall Notice need to be given to your neighbours to offer them with notification of the works you intend to carry out to the party wall in question, between two months and a year in advance of the work starting.
Planning permission is not needed to serve a party wall notice and, since you will have up to a year to begin work when the notice has been served, it is an excellent concept to do this as soon as possible in order to avoid delays. You must speak to your neighbours in person first before serving composed notification in order to assure them that you are taking the correct path and preventative measures. This ought to assist you avoid conflicts or misunderstandings, and allow a quick agreement to be written.
You might likewise offer your neighbour details of the Party Wall Act to help them understand the process– point them in the direction of the Party Wall info section on the Government’s website.
In order to officially serve notice, you need to write to your impacted neighbour( s), including your contact info, thorough details of the work that you have actually prepared, the date that work will begin, as well as any gain access to requirements over their residential or commercial property (perhaps to get products or devices onto website). When it comes to adjacent leasehold homes, you must serve notice to the building’s owners as well as to the renter( s) living there.
A helpful guide, in addition to Party Wall Notice templates can be found on the Government’s website here. It is smart to confine a reply letter and envelope for the neighbours to sign and return– which, if you have spoken with them prior to sending out, should not come as a surprise.
What takes place when my neighbour receives my Party Wall Notice?
They have numerous choices:
- Offer approval in writing.
- Refuse authorization– beginning the ‘disagreement resolution procedure’.
- Release a counter notification, requesting 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 should await an action– your neighbour should let you understand, in writing, within 2 week if they consent. The very best case scenario is that they consent to all the works, in composing, implying you will not require a party wall agreement, which saves money on costs.
A counter notification should be released within a month of your notice. If your neighbours do not respond within the above timescales then the disagreement resolution procedure begins.
What happens if I don’t serve a Party Wall Notice?
Whilst failing to get a Party Wall Agreement is not really a legal offence, not only will you be breaching a ‘statutory task’ 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 evidence of the previous state of the residential or commercial property (which a party wall notice would have offered you) there is not much you can do.
The courts tend to take a bad view of failure to serve a party wall notice and you may be bought to pay for repair work which, in reality, might not be your duty. In addition, your neighbours might take civil action versus you and have an injunction released to prevent any further work until a party wall agreement is arranged. This will postpone the task and might increase costs.
My neighbour refused to provide consent to my party wall agreement – what happens next?
If, after serving notice, your neighbour either declines authorization or fails to react, you are considered to be ‘in dispute.’
You have a few choices here. Firstly, you might call your neighbour, listen to their concerns and try to come to an arrangement you are both happy with. This is the suitable.
They may write to you with a counter notification. These notices usually request modifications to the work defined, or extra works, or sometimes conditions such as restricted working hours. You should put them in writing and continue if you can both agree on these amended terms. Your neighbour may need to meet a share of the costs of any extra work that they request and that will benefit them.
Then you will require to designate a party wall surveyor, if an arrangement is out of the question. You might designate a surveyor to work for both of you, or each appoint your own. The property surveyor will organize a Party Wall Award, setting out details of the work.
The Party Wall Award is a legal document setting out what, how and when work can be carried out and who will pay for it (consisting of surveyor’s costs). If you are not pleased with the award, you can appeal versus it at a county court, submitting an ‘appellant’s notice’ to describe why you are releasing an appeal.
Do I need a party wall surveyor?
In many cases individuals discover they do not require the services of a party wall surveyor. If your neighbour reacts to your notification permitting in writing that works can commence, there is generally no need to designate a surveyor.
In any case, you are still responsible for guaranteeing any damage caused during the works is fixed. Examine 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 example existing fractures. Some people decide to ask a surveyor to carry out a condition study at this phase in order to reduce the risk of disputes.
If your neighbour does not allow, you will need a Party Wall Award and, therefore, a party wall surveyor. Normally you and your neighbour will use simply one property surveyor (a good idea as it suggests only one set of fees).
Charges differ, however typically, a Party Wall Award costs around ₤ 1,000 in total.
A party wall agreement is needed if you plan on carrying out any structure work near or on a party wall. You should inform 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. Planning consent is not required to serve a party wall notice and, because you will have up to a year to begin work as soon as the notification has been served, it is a good idea to do this as quickly as possible in order to prevent delays. Examine the wall with your neighbour before work starts and take and share photos of the wall in order to avoid later disputes– 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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