Faulkners Surveyors is a reputable and expert company of party wall surveyors in Prestwich, specialising in all party wall matters in Prestwich and the Home Counties. The company was founded in 2010 with the coming together of three independent knowledgeable Surveyors who specialise in this niché location of surveying.
Party wall Prestwich matters
This information only applies in England and Wales.
If you’re a homeowner who has concurred small repair with a neighbour of a shared border, you’ll need a party wall agreement for repairs. For more substantial works, you’ll need to serve a party wall notice.
What is the legal background to party walls?
The Party Wall Act applies to most work carried out to party walls. If it applies, it suggests that you will need to serve notice of the proposed works on 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 small, that service of notification under the Act is not essential (eg simple repairs, such as replastering, or cutting into the party wall to replace or include recessed electrical electrical wiring and sockets) you can use an easy Party Wall Agreement to tape-record the work to be carried out.
What is a party wall?
The term “party wall” consists of the following:
- a wall that bases on the land of two (or more) forms and owners part of a structure – this wall can be part of one building just or different buildings belonging to various owners
- a wall that bases on the land of 2 owners but does not form part of a structure, such as garden wall (but not including wood fences).
- a wall that is on a single person’s land but is used by two (or more) owners of separate properties.
What works are covered by the Party Wall Act?
- Constructing a new wall or structure on or at the limit of 2 residential or commercial properties.
- Cutting into or carrying out work to a party wall or structure.
- Making a party wall taller, much shorter or much deeper.
- Removing chimney breasts from a party wall.
- Knocking down and restoring a party wall.
- Digging below the structure level of a neighbour’s home.
Kinds of notice.
- Party structure notice, for modifications that directly impact the party wall and consist of typical jobs, such as cutting holes to insert padstones and beams, cutting in flashings and getting rid of chimney breasts.
- Notification of adjacent excavation, for when you are excavating within 3 or 6 metres of your neighbour’s structure.
- Line of junction notification, for the construction of a brand-new wall adjacent to a limit, or the building of a new wall astride a limit.
When do you require to serve notice?
If your works are governed by the Party Wall Act, you’ll need to serve a party wall notice on every neighbouring residential or commercial property impacted a minimum of two months before the works begin. When notification has actually been served, you can use up to a year to start work.
Your neighbours may seek to stop your work through a court injunction or look for other legal redress if you begin work without having actually first offered notification in the correct method.
What takes place after you serve notice?
Once see about designated work is served, your neighbour may either:.
- Offer their consent in composing, or.
- Disagree with the works proposed in writing, or.
- Not do anything.
If, after a duration of 2 week from the service of your notice, the person getting the notification has done nothing, a disagreement is regarded as having actually emerged. Any conflicts will be handled by a surveyor.
When do you require a party wall agreement or award?
You’ll need a party wall agreement if you’re going to perform building and construction or modifications which involve:
- Work performed on a wall,.
- Floor or ceiling shared with another home,.
- Building on the boundary with another residential or commercial property,.
- Excavating within six meters of an adjoining structure,.
- Repairing a party wall or spouts, fall pipelines, sewage systems, drains, wire avenues, flues, chimney stacks, eaves or troughs utilized in common with neighbours.
For more details, see the Department for Communities and City Government (Guidance for performing structure work under the Party Wall Act 1996).
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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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