Faulkners Surveyors Specialist Qualified Local Party Wall in Rutherglen Surveyors covering Rutherglen and the Home Counties. Unlike lots of others, we are full-time Resident Party Wall Surveyors undertaking numerous Party Wall tasks each month without fault.
Party wall Rutherglen matters
This information only uses in England and Wales.
If you’re a homeowner who has concurred small repair works with a neighbour of a shared limit, you’ll require a party wall agreement for repairs. For more extensive works, you’ll require to serve a party wall notice.
What is the legal background to party walls?
The Party Wall Act applies to a lot of work performed to party walls. If it applies, it indicates that you will have 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.
However, if works to the party wall are so minor, that service of notice under the Act is not necessary (eg uncomplicated repair work, such as replastering, or cutting into the party wall to replace or include recessed electric wiring and sockets) you can utilize a basic Party Wall Agreement to 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 2 (or more) kinds and owners part of a building – this wall can be part of one building only or separate buildings coming from various owners
- a wall that bases on the land of two owners however does not form part of a structure, such as garden wall (however not consisting of wood fences).
- a wall that is on one person’s land but is used by 2 (or more) owners of different homes.
What works are covered by the Party Wall Act?
- Constructing a new wall or structure on or at the limit of two residential or commercial properties.
- Cutting into or performing work to a party wall or structure.
- Making a party wall taller, shorter or much deeper.
- Getting rid of chimney breasts from a party wall.
- Tearing down and restoring a party wall.
- Digging below the foundation level of a neighbour’s property.
Types of notification.
- Party structure notice, for changes that directly affect the party wall and consist of typical jobs, such as cutting holes to place beams and padstones, cutting in flashings and removing chimney breasts.
- Notification of nearby 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 new wall adjacent to a boundary, or the construction of a brand-new wall astride a boundary.
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 at least two months prior to the works begin. You can take up to a year to begin work when notice has been served.
Your neighbours might seek to stop your work through a court injunction or look for other legal redress if you start work without having first provided notification in the correct way.
What happens after you serve notice?
When discover about desired work is served, your neighbour might either:.
- Provide their consent in composing, or.
- Disagree with the works proposed in composing, or.
- Not do anything.
If, after a period of 14 days from the service of your notification, the individual getting the notification has actually not done anything, a disagreement is considered as having actually developed. Any disputes will be dealt with by a surveyor.
When do you need a party wall agreement or award?
You’ll require a party wall agreement if you’re going to carry out building and construction or changes which involve:
- Work carried out on a wall,.
- Flooring or ceiling shown another property,.
- Building on the limit with another residential or commercial property,.
- Excavating within 6 meters of an adjoining building,.
- 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 more information, 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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