Like all our property studies, Faulkners Surveyors Party Wall Studies are conducted by RICS signed up surveyors and provide a neutral and independent service.
A Party Wall in South Croydon is a dividing partition between two properties, the owners of which have shared responsibility for the wall. Our Party Wall Surveyors in South Croydon are certified to encourage you on a variety of Party Wall concerns you may be experiencing concerning your home.
Our Party Wall Surveyors in South Croydon cover the whole South Croydon area and the Home Counties.
What is a party wall in South Croydon?
A party wall is a wall that sits directly on the limit of land in between 2 (and often more) various owners. Fine examples consist of the walls that separate terraced or semi-detached houses– or walls that comprise the border in between two gardens (celebration fence walls).
The Party Wall Act
The Party Wall Act 1996 applies to homes in England and Wales and was developed to prevent structure work that could compromise the structural integrity of any shared wall (party wall) or adjacent properties. The Party Wall Act can be utilized to stop conflicts between neighbours and to help solve them if they must arise.
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?
If you prepare on bring out any structure work near or on a party wall, a party wall agreement is needed. You must inform your neighbours, provide them with a Party Wall Notice and create a Party Wall Agreement in writing. If you use a designer or a home builder then they must be able to recommend you on this, although they will not serve the notice for you.
The following works need you to get a Party Wall Agreement:
- Any work to shared walls (party walls) in between semi-detached and terraced homes.
- Work involving shared ‘party structures’, such as floorings in between flats.
- Work to garden limit walls.
- Excavation works– or underpinning– to, or close by (within 3-6m), the party wall.
- Loft conversions that mean cutting into a party wall.
- Inserting a moist evidence course into a party wall.
- Making party walls thicker or greater.
- Developing a second-storey extension above a shared wall.
- Building a new wall as much as or off the party wall.
Which jobs do not need 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 including or replacing electrical circuitry 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 notification of the works you mean 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 start work when the notice has been served, it is an excellent concept to do this as soon as possible in order to avoid delays. You need to speak to your neighbours in person first before serving written notice in order to assure them that you are taking the proper path and precautions. This ought to help you avoid disagreements or misconceptions, and enable a speedy agreement to be written.
You might also provide your neighbour details of the Party Wall Act to help them comprehend the process– point them in the direction of the Party Wall details section on the Federal government’s website.
In order to formally serve notice, you must write to your impacted neighbour( s), including your contact details, extensive details of the work that you have actually planned, the date that work will begin, along with any access requirements over their home (possibly to get products or devices onto website). When it comes to adjoining leasehold properties, you need to serve notice to the building’s owners along with to the tenant( s) living there.
A convenient guide, in addition to Party Wall Notice design templates can be found on the Federal government’s site here. It is a good idea to confine a reply letter and envelope for the neighbours to return and sign– which, if you have actually spoken with them prior to sending out, need to not come as a surprise.
What happens once my neighbour receives my Party Wall Notice?
They have several choices:
- Provide authorization in composing.
- Refuse permission– beginning the ‘dispute resolution procedure’.
- Provide a counter notice, asking for that extra works be carried out at the same time (something they will be required to spend for if they will be benefiting from the work, such as repairs to the shared wall).
You need to wait on an action– your neighbour should let you know, in writing, within 2 week if they consent. The best case situation is that they consent to all the works, in writing, suggesting you will not need a party wall agreement, which saves money on costs.
A counter notice needs to be issued within a month of your notice. Then the dispute resolution procedure begins, if your neighbours do not respond within the above timescales.
What takes place if I do not serve a Party Wall Notice?
Whilst stopping working to get a Party Wall Agreement is not actually a legal offence, not just will you be breaching a ‘statutory task’ but you likewise risk having to pay for damage that wasn’t your fault. Your neighbour might claim their home has been damaged by your work and with no information or proof of the previous state of the property (which a party wall notice would have provided you) there is very little you can do.
The courts tend to take a bad view of failure to serve a party wall notice and you may be ordered to pay for repairs which, in reality, might not be your duty. In addition, your neighbours could take civil action against you and have actually an injunction issued to prevent any additional work till a party wall agreement is arranged. This will delay the job and might increase costs.
My neighbour refused to offer consent to my party wall agreement – what occurs next?
If, after serving notice, your neighbour either refuses permission or fails to respond, you are thought about to be ‘in dispute.’
You have a few choices here. You might call your neighbour, listen to their issues and try to come to an arrangement you are both pleased with. This is the suitable.
They may write to you with a counter notification. These notifications typically request changes to the work specified, or additional works, or often conditions such as restricted working hours. If you can both settle on these modified terms, you should put them in writing and continue. Your neighbour may require to fulfill a share of the expenses of any additional work that they request for which will benefit them.
Then you will require to select a party wall surveyor, if a contract is out of the question. You might appoint a property surveyor to work for both of you, or each select your own. The surveyor will set up 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 performed and who will pay for it (consisting of property surveyor’s charges). If you are not happy with the award, you can appeal versus it at a county court, submitting an ‘appellant’s notification’ to describe why you are releasing an appeal.
Do I need a party wall surveyor?
Oftentimes people discover they do not require the services of a party wall surveyor. If your neighbour reacts to your notice allowing in composing that works can start, there is generally no need to select a surveyor.
Either way, you are still responsible for guaranteeing any damage triggered throughout the works is repaired. Examine the wall with your neighbour before work starts and take and share images of the wall in order to avoid later conflicts– for instance existing fractures. Some individuals choose to ask a surveyor to perform a condition survey at this phase in order to minimise the threat of disputes.
If your neighbour does not permit, you will need a Party Wall Award and, therefore, a party wall surveyor. Generally you and your neighbour will use just one property surveyor (a good concept as it implies only one set of costs).
Charges vary, but 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 should inform your neighbours, offer them with a Party Wall Notice and come up with a Party Wall Agreement in composing. Not all work to party walls needs a party wall agreement. Planning permission is not required to serve a party wall notice and, since you will have up to a year to start work once the notification has been served, it is an excellent idea to do this as quickly as possible in order to prevent delays. Inspect the wall with your neighbour before work starts and take and share photos of the wall in order to prevent later on disputes– 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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