Faulkners Surveyors Specialist Qualified Local Party Wall in Littlehampton Surveyors covering Littlehampton and the Home Counties. Unlike lots of others, we are full-time Resident Party Wall Surveyors carrying out numerous Party Wall tasks every month without fault.
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This details just applies in England and Wales.
If you’re a homeowner who has agreed small repair with a neighbour of a shared limit, you’ll require a party wall agreement for repairs. For more extensive works, you’ll need to serve a party wall notice.
What is the legal background to party walls?
The Party Wall Act applies to many work performed to party walls. If it applies, it indicates that you will need to serve notice of the proposed deal with your neighbour( s) and, if they do not consent to the work, you’ll have to appoint a property surveyor to prepare a Party Wall Award.
If works to the party wall are so minor, that service of notification under the Act is not required (eg simple repair work, such as replastering, or cutting into the party wall to change or add recessed electrical circuitry and sockets) you can use a basic Party Wall Agreement to tape-record the work to be carried out.
What is a party wall?
The term “party wall” includes the following:
- a wall that bases on the land of two (or more) owners and types part of a structure – this wall can be part of one structure just or different structures belonging to various owners
- a wall that stands on the land of 2 owners but does not form part of a structure, such as garden wall (however not including lumber fences).
- a wall that is on someone’s land but is used by two (or more) owners of separate homes.
What works are covered by the Party Wall Act?
- Developing a brand-new wall or structure on or at the limit of 2 residential or commercial properties.
- Cutting into or performing work to a party wall or structure.
- Making a party wall taller, much shorter or much deeper.
- Eliminating chimney breasts from a party wall.
- Knocking down and reconstructing a party wall.
- Digging listed below the foundation level of a neighbour’s home.
Types of notification.
- Party structure notice, for modifications that directly impact the party wall and include common tasks, such as cutting holes to insert padstones and beams, cutting in flashings and removing chimney breasts.
- Notice of adjacent excavation, for when you are excavating within 3 or 6 metres of your neighbour’s building.
- Line of junction notice, for the construction of a new wall adjacent to a boundary, or the building of a new wall astride a border.
When do you need to serve notice?
If your works are governed by the Party Wall Act, you’ll require to serve a party wall notice on every neighbouring residential or commercial property affected at least two months before the works begin. As soon as notification has been served, you can take up to a year to begin work.
If you begin work without having actually first notified in the correct method, your neighbours may seek to stop your resolve a court injunction or look for other legal redress.
What takes place after you serve notice?
As soon as see about intended work is served, your neighbour may either:.
- Offer their consent in composing, or.
- Disagree with the works proposed in writing, or.
- Do nothing.
If, after a period of 14 days from the service of your notification, the person getting the notice has actually done nothing, a dispute is considered as having emerged. Any disagreements will be dealt with by a surveyor.
When do you require a party wall agreement or award?
You’ll require a party wall agreement if you’re going to perform building and construction or changes which involve:
- Work carried out on a wall,.
- Floor or ceiling shown another property,.
- Structure on the border with another home,.
- Excavating within six meters of an adjoining structure,.
- Repairing a party wall or spouts, fall pipes, drains, drains pipes, wire channels, flues, chimney stacks, eaves or troughs used in common with neighbours.
For additional information, see the Department for Communities and City Government (Guidance for performing structure work under the Party Wall Act 1996).
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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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