Like all our residential or commercial property surveys, Faulkners Surveyors Party Wall Surveys are performed by RICS registered surveyors and offer an independent and objective service.
A Party Wall in Saint Peters is a dividing partition between two residential or commercial properties, the owners of which have actually shared duty for the wall. Our Party Wall Surveyors in Saint Peters are certified to recommend you on a variety of Party Wall concerns you might be experiencing concerning your property.
Our Party Wall Surveyors in Saint Peters cover the whole Saint Peters location and the Home Counties.
What is a party wall in Saint Peters?
A party wall is a wall that sits straight on the limit of land between two (and in som
ecases more) various owners. Fine examples consist of the walls that separate terraced or semi-detached homes– or walls that make up the boundary between two gardens (celebration fence walls).
The Party Wall Act
The Party Wall Act 1996 applies to houses in England and Wales and was devised to prevent building work that might compromise the structural stability of any shared wall (party wall) or adjacent homes. If they need to occur, the Party Wall Act can be used to stop conflicts in between neighbours and to help resolve them.
The Party Wall Act 1996 does not apply to Scotland and Northern Ireland where common law is utilized to settle party wall issues.
Do I need a party wall agreement?
If you prepare on bring out any building work near or on a party wall, a party wall agreement is needed. You should 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 home builder or an architect then they ought to be able to advise you on this.
The following works need you to get a Party Wall Agreement:
- Any work to shared walls (party walls) between semi-detached and terraced homes.
- Work involving shared ‘party structures’, such as floors in 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.
- Placing a damp evidence course into a party wall.
- Making party walls thicker or higher.
- Building a second-storey extension above a shared wall.
- Building a new wall up to or off the party wall.
Which jobs do not require 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 area systems or shelving. Having the wall plastered or adding or replacing electrical wiring or sockets will not need an agreement either.
What is a party wall notice?
A Party Wall Notice need to be given to your neighbours to offer them with notice of the works you intend to carry out to the party wall in question, between two months and a year in advance of the work beginning.
Planning permission is not required to serve a party wall notice and, because you will have up to a year to begin work once the notice has actually been served, it is a good concept to do this as soon as possible in order to avoid hold-ups. You need to speak with your neighbours personally first prior to serving written notice in order to reassure them that you are taking the proper path and safety measures. This ought to help you prevent misunderstandings or disputes, and allow a swift contract to be written up.
You could also give your neighbour information of the Party Wall Act to help them understand the procedure– point them in the direction of the Party Wall information area on the Government’s website.
In order to formally serve notice, you ought to write to your impacted neighbour( s), including your contact info, extensive details of the work that you have prepared, the date that work will begin, in addition to 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 building’s owners as well as to the renter( s) living there.
A helpful 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 spoken with them prior to sending, ought to not come as a surprise.
What happens when my neighbour receives my Party Wall Notice?
They have a number of choices:
- Give approval in writing.
- Refuse approval– starting the ‘disagreement resolution procedure’.
- Release a counter notice, requesting that extra works be performed at the same time (something they will be needed to spend for if they will be benefiting from the work, such as repair work to the shared wall).
You must await a reaction– your neighbour needs to let you know, in writing, within 2 week if they consent. The very best case scenario is that they accept all the works, in writing, indicating you will not require a party wall agreement, which minimizes fees.
A counter notice should be provided within a month of your notice. If your neighbours don’t react within the above timescales then the dispute resolution procedure starts.
What occurs if I don’t serve a Party Wall Notice?
Whilst failing to get a Party Wall Agreement is not really a legal offense, not just will you be breaching a ‘statutory task’ however you likewise risk having to spend for damage that wasn’t your fault. Your neighbour could declare their property has actually been damaged by your work and with no information or proof of the previous state of the home (which a party wall notice would have offered 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 might be bought to spend for repairs which, in reality, might not be your duty. In addition, your neighbours could take civil action versus you and have an injunction provided to prevent any additional work till a party wall agreement is set up. This will postpone the project and could increase costs.
My neighbour declined to give consent to my party wall agreement – what happens next?
If, after serving notice, your neighbour either declines consent or fails to react, you are considered to be ‘in dispute.’
You have a few choices here. To start with, you might contact your neighbour, listen to their concerns and attempt to come to a contract you are both delighted with. This is the ideal.
They may write to you with a counter notification. These notifications generally request modifications to the work specified, or additional works, or in some cases conditions such as limited working hours. You need to put them in writing and continue if you can both agree on these modified terms. Your neighbour might need to satisfy a share of the expenses of any extra work that they request for which will benefit them.
If a contract runs out the question 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 document setting out what, how and when work can be performed and who will pay for it (consisting of property surveyor’s costs). If you are not delighted with the award, you can appeal against it at a county court, filing an ‘appellant’s notification’ to explain why you are releasing an appeal.
Do I require a party wall surveyor?
In most cases individuals discover they do not require the services of a party wall surveyor. If your neighbour reacts to your notification giving permission in composing that works can commence, there is normally no requirement to appoint a property surveyor.
Either way, you are still responsible for making sure any damage triggered during the works is repaired. Examine the wall with your neighbour prior to work starts and take and share pictures of the wall in order to avoid later on disputes– for instance existing cracks. Some individuals choose to ask a property surveyor to carry out a condition survey at this phase in order to reduce the threat of disputes.
If your neighbour does not give permission, you will need a Party Wall Award and, for that reason, a party wall surveyor. Typically you and your neighbour will use simply one surveyor (an excellent idea as it suggests only one set of fees).
Charges differ, however typically, a Party Wall Award costs around ₤ 1,000 in total.
A party wall agreement is required if you prepare on bring out any structure work near or on a party wall. You need to inform your neighbours, supply 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 consent is not needed to serve a party wall notice and, because you will have up to a year to begin work when the notification has been served, it is an excellent idea to do this as quickly as possible in order to prevent hold-ups. Inspect the wall with your neighbour before work starts and take and share images of the wall in order to avoid later conflicts– for example existing cracks.
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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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