As renowned Party Wall in Kingston upon Hull professionals, Faulkners Surveyors have been trusted for over ten years to deliver projects and secure individuals’s homes in Kingston upon Hull and the Home Counties.
What is a party wall in Kingston upon Hull?
A party wall is a wall that sits directly on the limit of land in between two (and sometimes more) different owners. Fine examples consist of the walls that separate semi-detached or terraced houses– or walls that comprise the border between two gardens (celebration fence walls).
The Party Wall Act
The Party Wall Act 1996 applies to homes in England and Wales and was developed to prevent structure work that could compromise the structural integrity of any shared wall (party wall) or adjacent properties. The Party Wall Act can be utilized to stop conflicts between neighbours and to help solve them if they ought to arise.
The Party Wall Act 1996 does not apply to Scotland and Northern Ireland where common law is used to settle party wall problems.
Do I need a party wall agreement?
A party wall agreement is needed if you plan on carrying out any building work near or on a party wall. You must inform your neighbours, supply them with a Party Wall Notice and come up with a Party Wall Agreement in composing. Although they will not serve the notice for you if you use a builder or an architect then they need to be able to advise you on this.
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 ‘celebration structures’, such as floorings in between flats.
- Work to garden limit walls.
- Excavation works– or underpinning– to, or nearby (within 3-6m), the party wall.
- Loft conversions that imply cutting into a party wall.
- Placing a moist evidence course into a party wall.
- Making party walls thicker or higher.
- Constructing a second-storey extension above a shared wall.
- Building a 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 include minor works such as drilling into the wall internally to fit kitchen area systems or shelving. Having the wall plastered or including or replacing electrical circuitry or sockets will not need an arrangement either.
What is a party wall notice?
A Party Wall Notice must be offered to your neighbours to provide them with notification of the works you intend to perform to the party wall in question, in between 2 months and a year in advance of the work starting.
Planning approval is not required 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 actually been served, it is a good concept to do this as soon as possible in order to avoid delays. You should speak to your neighbours personally initially prior to serving composed notice in order to reassure them that you are taking the correct route and safety measures. This must help you avoid disagreements or misconceptions, and allow a swift arrangement to be written.
You might also provide your neighbour details of the Party Wall Act to help them comprehend the procedure– point them in the direction of the Party Wall info section on the Government’s site.
In order to officially serve notice, you ought to write to your affected neighbour( s), including your contact details, extensive information of the work that you have prepared, the date that work will start, along with any access requirements over their home (perhaps to get materials or equipment onto site). In the case of adjoining leasehold homes, you need to serve notice to the structure’s owners in addition to to the occupant( s) living there.
A convenient guide, in addition to Party Wall Notice templates can be discovered on the Federal government’s website here. It is a good idea to confine a reply letter and envelope for the neighbours to sign and return– which, if you have spoken to them prior to sending, should not come as a surprise.
What takes place when my neighbour gets my Party Wall Notice?
They have a number of choices:
- Provide permission in writing.
- Decline consent– beginning the ‘conflict resolution procedure’.
- Provide a counter notice, requesting that extra works be carried out at the same time (something they will be required to spend for if they will be taking advantage of the work, such as repair work to the shared wall).
You should await a reaction– your neighbour needs to let you understand, in composing, within 2 week if they consent. The best case situation is that they consent to all the works, in composing, indicating you will not need a party wall agreement, which saves money on charges.
A counter notice should be issued within a month of your notification. If your neighbours do not react within the above timescales then the disagreement resolution procedure starts.
What happens if I don’t 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 having to pay for damage that wasn’t your fault. Your neighbour could declare their home has actually been harmed by your work and with no information or proof of the previous state of the residential or commercial property (which a party wall notice would have provided 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 might be bought to spend for repairs which, in reality, might not be your duty. In addition, your neighbours might take civil action against you and have actually an injunction issued to prevent any more work up until a party wall agreement is arranged. This will delay the project and could increase expenses.
My neighbour declined to offer consent to my party wall agreement – what takes place 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. To start with, you might call your neighbour, listen to their issues and try to come to an agreement you are both pleased with. This is the perfect.
They might write to you with a counter notice. These notices generally ask for changes to the work specified, or additional works, or in some cases conditions such as limited working hours. You must put them in writing and continue if you can both concur on these modified terms. Your neighbour may need to fulfill a share of the costs of any extra work that they request and that will benefit them.
If an arrangement runs out the question then you will need to designate a party wall surveyor. You could designate 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 document setting out what, how and when work can be performed and who will spend for it (consisting of property surveyor’s fees). 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 require a party wall surveyor?
In most cases people find they do not require the services of a party wall surveyor. There is generally no need to select a property surveyor if your neighbour reacts to your notice providing approval in writing that works can begin.
In either case, you are still responsible for guaranteeing any damage triggered throughout the works is repaired. Inspect the wall with your neighbour prior to work starts and take and share images of the wall in order to prevent later conflicts– for example existing fractures. Some people choose to ask a property surveyor to perform a condition survey at this stage in order to reduce the threat of conflicts.
If your neighbour does not give permission, you will require a Party Wall Award and, for that reason, a party wall surveyor. Usually you and your neighbour will use simply one property surveyor (a good idea as it implies only one set of charges).
Costs differ, but on average, a Party Wall Award costs around ₤ 1,000 in overall.
A party wall agreement is needed if you prepare on carrying out any building work near or on a party wall. You need to tell your neighbours, offer them with a Party Wall Notice and come up with a Party Wall Agreement in composing. Not all work to celebration walls requires a party wall agreement. Preparation authorization is not required to serve a party wall notice and, due to the fact that you will have up to a year to begin work when the notice has been served, it is a great concept to do this as soon as possible in order to prevent delays. Inspect the wall with your neighbour before work starts and take and share photos of the wall in order to prevent later on disagreements– for example existing cracks.
Current Weather at Kingston upon Hull
Learn More about Party Wall
A party wall (occasionally parti-wall or parting wall surface, likewise called common wall surface or as a demising wall) is a separating partition in between 2 adjoining buildings that is shared by the passengers of each residence or service. Commonly, the contractor lays the wall along a residential property line separating 2 terraced houses, so that one fifty percent of the wall surface’s density pushes each side. This kind of wall surface is normally architectural. Party wall surfaces can additionally be created by 2 abutting walls developed at various times. The term can be additionally used to explain a department between separate systems within a multi-unit apartment building. Very usually the wall in this case is non-structural but developed to satisfy well established criteria for audio and/or fire defense, i.e. a firewall software.
Our Office Location in Kingston upon Hull
Our Youtube Videos
Our Social Networks
Around The Web