Faulkners Surveyors is a professional and reputable company of party wall surveyors in Salisbury, specialising in all party wall matters in Salisbury and the Home Counties. The business was founded in 2010 with the coming together of 3 independent knowledgeable Surveyors who specialise in this niché location of surveying.
What is a party wall in Salisbury?
A party wall is a wall that sits directly on the border of land in between 2 (and in som
ecases more) different owners. Fine examples include the walls that separate semi-detached or terraced houses– or walls that make up the limit in between 2 gardens (celebration fence walls).
The Party Wall Act
The Party Wall Act 1996 applies to houses in England and Wales and was developed to prevent building work that might jeopardize the structural stability of any shared wall (party wall) or adjoining homes. If they should emerge, the Party Wall Act can be used to stop disagreements 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 used to settle party wall concerns.
Do I need a party wall agreement?
A party wall agreement is required if you intend on carrying out any structure work near or on a party wall. You should tell your neighbours, supply them with a Party Wall Notice and develop 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 need to be able to recommend you on this.
The following works require you to get a Party Wall Agreement:
- Any work to shared walls (party walls) between terraced and semi-detached houses.
- Work involving shared ‘celebration structures’, such as floorings in between flats.
- Work to garden boundary walls.
- Excavation works– or underpinning– to, or nearby (within 3-6m), the party wall.
- Loft conversions that mean cutting into a party wall.
- Placing a wet evidence course into a party wall.
- Making party walls thicker or higher.
- Developing a second-storey extension above a shared wall.
- Developing a new wall up to or off the party wall.
Which tasks do not require a party wall agreement?
Not all work to party walls needs 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 wiring or sockets will not require an arrangement either.
What is a party wall notice?
A Party Wall Notice must be provided to your neighbours to offer them with notice of the works you intend to perform to the party wall in question, between two months and a year in advance of the work starting.
Planning permission 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 actually been served, it is a great concept to do this as soon as possible in order to avoid delays. You should talk to your neighbours personally initially before serving composed notice in order to assure them that you are taking the appropriate path and safety measures. This need to assist you prevent misconceptions or disagreements, and allow a quick agreement to be written up.
You could likewise give your neighbour details of the Party Wall Act to help them understand the procedure– point them in the direction of the Party Wall info section on the Federal government’s site.
In order to officially serve notice, you should write to your affected neighbour( s), including your contact info, comprehensive information of the work that you have actually planned, the date that work will begin, along with any access requirements over their residential or commercial property (maybe to get products or equipment onto website). When it comes to adjacent leasehold residential or commercial properties, you must serve notice to the structure’s owners in addition to to the renter( s) living there.
A convenient guide, together with Party Wall Notice templates can be discovered on the Federal government’s site here. It is a good idea to enclose a reply letter and envelope for the neighbours to return and sign– which, if you have actually spoken with them prior to sending, need to not come as a surprise.
What takes place when my neighbour gets my Party Wall Notice?
They have several choices:
- Offer permission in writing.
- Refuse authorization– starting the ‘disagreement resolution procedure’.
- Issue a counter notification, requesting that extra works be carried out at the same time (something they will be required to spend for if they will be gaining from the work, such as repair work to the shared wall).
You need to await a response– your neighbour must let you understand, in writing, within 14 days if they consent. The very best case situation is that they consent to all the works, in composing, suggesting you will not need a party wall agreement, which saves on charges.
A counter notification needs to be issued within a month of your notification. If your neighbours do not respond within the above timescales then the conflict resolution procedure begins.
What happens if I do not serve a Party Wall Notice?
Whilst stopping working to get a Party Wall Agreement is not in fact a legal offense, not just 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 property has been damaged by your work and without any information or proof of the previous state of the home (which a party wall notice would have given you) there is not much 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 repair work which, in reality, might not be your responsibility. In addition, your neighbours might take civil action against you and have actually an injunction released to prevent any additional work until a party wall agreement is organized. This will postpone the job and could increase expenses.
My neighbour refused to give consent to my party wall agreement – what occurs next?
If, after serving notice, your neighbour either refuses authorization 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 issues and attempt to come to a contract you are both delighted with. This is the ideal.
They might write to you with a counter notification. These notices typically ask for changes to the work specified, or additional works, or often conditions such as limited working hours. If you can both settle on these modified terms, you should put them in composing and continue. Your neighbour may require to meet a share of the expenses of any extra work that they request which will benefit them.
Then you will need to select a party wall surveyor, if an arrangement is out of the question. You could select a surveyor to work for both of you, or each select your own. The property surveyor will arrange a Party Wall Award, setting out details of the work.
The Party Wall Award is a legal file setting out what, how and when work can be carried out and who will spend for it (including surveyor’s costs). If you are not delighted with the award, you can appeal against it at a county court, submitting an ‘appellant’s notification’ to discuss why you are launching an appeal.
Do I need a party wall surveyor?
In a lot of cases individuals find they do not need the services of a party wall surveyor. If your neighbour responds to your notice permitting in writing that works can start, there is typically no requirement to designate a surveyor.
In any case, you are still responsible for making sure any damage caused throughout the works is repaired. Inspect the wall with your neighbour before work starts and take and share images of the wall in order to avoid later on disagreements– for example existing fractures. Some individuals decide to ask a surveyor to perform a condition survey at this stage in order to reduce the risk of disagreements.
If your neighbour does not allow, you will need a Party Wall Award and, therefore, a party wall surveyor. Normally you and your neighbour will use simply one surveyor (an excellent concept as it implies only one set of charges).
Costs differ, however on average, a Party Wall Award expenses around ₤ 1,000 in overall.
A party wall agreement is required if you prepare on carrying out any structure work near or on a party wall. You must inform your neighbours, provide them with a Party Wall Notice and come up with a Party Wall Agreement in writing. Not all work to celebration walls requires a party wall agreement. Preparation authorization is not needed to serve a party wall notice and, due to the fact that you will have up to a year to start work when the notification has actually been served, it is a good concept to do this as soon as possible in order to avoid hold-ups. Examine the wall with your neighbour before work starts and take and share photos of the wall in order to prevent later disagreements– for example existing fractures.
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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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