Faulkners Surveyors Professional Qualified Local Party Wall in Hemel Hempstead Surveyors covering Hemel Hempstead and the Home Counties. Unlike numerous others, we are full time Local Party Wall Surveyors carrying out hundreds of Party Wall projects monthly without fault.
What is a party wall in Hemel Hempstead?
A party wall is a wall that sits straight on the border of land between two (and in som
ecases more) various owners. Good examples include the walls that separate semi-detached or terraced homes– or walls that comprise the boundary between 2 gardens (party fence walls).
The Party Wall Act
The Party Wall Act 1996 applies to houses in England and Wales and was created to prevent structure work that might compromise the structural integrity of any shared wall (party wall) or adjoining properties. The Party Wall Act can be used to stop conflicts in between neighbours and to assist fix them if they should 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 plan on bring out any building work near or on a party wall, a party wall agreement is needed. You should tell your neighbours, provide them with a Party Wall Notice and create a Party Wall Agreement in composing. If you use a contractor or an architect then they need to be able to advise you on this, although they will not serve the notification for you.
The following works require you to acquire a Party Wall Agreement:
- Any work to shared walls (party walls) in between terraced and semi-detached houses.
- Work involving shared ‘celebration structures’, such as floors between flats.
- Work to garden border walls.
- Excavation works– or underpinning– to, or nearby (within 3-6m), the party wall.
- Loft conversions that imply cutting into a party wall.
- Inserting a wet 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 as much as 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 consist of minor 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 a contract either.
What is a party wall notice?
A Party Wall Notice should be offered to your neighbours to offer 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 starting.
Preparation consent is not needed to serve a party wall notice and, because you will have up to a year to start work once the notification has been served, it is a great idea to do this as soon as possible in order to avoid delays. You ought to speak to your neighbours personally first before serving composed notice in order to reassure them that you are taking the appropriate route and safety measures. This must help you prevent misunderstandings or conflicts, and make it possible for a swift contract to be written.
You could also provide your neighbour information of the Party Wall Act to help them comprehend the procedure– point them in the direction of the Party Wall details section on the Federal government’s website.
In order to officially serve notice, you need to write to your affected neighbour( s), including your contact information, extensive information of the work that you have actually planned, the date that work will start, in addition to any gain access to requirements over their residential or commercial property (perhaps to get materials or equipment onto site). In the case of adjoining leasehold properties, you should serve notice to the building’s owners in addition to to the occupant( s) living there.
A convenient guide, in addition to Party Wall Notice templates can be found 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 to them prior to sending, need to not come as a surprise.
What happens once my neighbour receives my Party Wall Notice?
They have a number of alternatives:
- Provide permission in composing.
- Decline authorization– beginning the ‘dispute resolution procedure’.
- Release a counter notice, requesting that extra works be performed at the same time (something they will be needed to pay for if they will be taking advantage of the work, such as repair work to the shared wall).
You need to await a reaction– your neighbour must let you know, in composing, within 2 week if they consent. The best case circumstance is that they accept all the works, in writing, indicating you will not need a party wall agreement, which saves on costs.
A counter notice must be provided within a month of your notification. Then the conflict resolution procedure begins, if your neighbours don’t react within the above timescales.
What takes place if I don’t serve a Party Wall Notice?
Whilst stopping working to get a Party Wall Agreement is not in fact a legal offense, not just will you be breaching a ‘statutory duty’ however you also run the risk of having to pay for damage that wasn’t your fault. Your neighbour might declare their home has actually been harmed by your work and without any details or evidence of the previous state of the property (which a party wall notice would have provided 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 ordered to spend for repair work which, in reality, might not be your duty. In addition, your neighbours might take civil action against you and have actually an injunction released to prevent any additional work up until a party wall agreement is organized. This will delay the task and could increase expenses.
My neighbour declined to give grant my party wall agreement – what takes place next?
If, after serving notice, your neighbour either refuses approval or fails to respond, you are considered to be ‘in dispute.’
You have a couple of choices here. To start with, you could contact your neighbour, listen to their concerns and try to come to an arrangement you are both pleased with. This is the suitable.
They might write to you with a counter notice. These notices generally ask for modifications to the work defined, or extra works, or sometimes conditions such as limited working hours. You need to put them in composing and continue if you can both agree on these changed terms. Your neighbour might require to meet a share of the costs of any additional work that they request which will benefit them.
If a contract runs out the concern then you will need to designate a party wall surveyor. You could select a property surveyor to work for both of you, or each appoint 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 performed 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, filing an ‘appellant’s notice’ to explain why you are launching an appeal.
Do I need a party wall surveyor?
In a lot of cases individuals discover they do not need the services of a party wall surveyor. There is normally no need to appoint a surveyor if your neighbour reacts to your notification giving authorization in writing that works can start.
In any case, you are still responsible for making sure any damage caused during the works is repaired. 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 instance existing cracks. Some individuals choose to ask a property surveyor to carry out a condition study at this stage in order to minimise the danger of disputes.
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 simply one surveyor (a great idea as it suggests only one set of costs).
Fees vary, but typically, a Party Wall Award expenses around ₤ 1,000 in overall.
A party wall agreement is needed if you plan on bring out any building work near or on a party wall. You must 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 needs a party wall agreement. Preparation permission is not required to serve a party wall notice and, since you will have up to a year to start work once the notice has actually been served, it is an excellent concept to do this as soon as possible in order to prevent hold-ups. Check the wall with your neighbour before work starts and take and share images of the wall in order to prevent later conflicts– for example existing fractures.
Current Weather at Hemel Hempstead
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 Hemel Hempstead
Our Social Networks
Around The Web