Faulkners Surveyors is a expert and reputable company of party wall surveyors in Telford, specialising in all party wall matters in Telford 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.
Party wall Telford matters
This information just applies in England and Wales.
You’ll need a party wall agreement for repair work if you’re a home owner who has agreed minor repair works with a neighbour of a shared limit. For more substantial works, you’ll require to serve a party wall notice.
What is the legal background to party walls?
The Party Wall Act applies to many work performed to party walls. If it applies, it indicates that you will need to serve notice of the proposed works on your neighbour( s) and, if they do not grant the work, you’ll have to select a surveyor to prepare a Party Wall Award.
If works to the party wall are so minor, that service of notification under the Act is not required (eg simple repairs, such as replastering, or cutting into the party wall to add or change recessed electrical circuitry 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 stands on the land of two (or more) kinds and owners part of a building – this wall can be part of one building only or different structures belonging to different owners
- a wall that bases on the land of 2 owners but does not form part of a building, such as garden wall (but not including wood fences).
- a wall that is on a single person’s land however is used by two (or more) owners of separate homes.
What works are covered by the Party Wall Act?
- Developing a new wall or structure on or at the boundary of two homes.
- Cutting into or carrying out work to a party wall or structure.
- Making a party wall taller, much shorter or deeper.
- Getting rid of chimney breasts from a party wall.
- Tearing down and rebuilding a party wall.
- Digging below the structure level of a neighbour’s home.
Kinds of notification.
- Party structure notice, for modifications that directly impact the party wall and consist of common jobs, such as cutting holes to place beams and padstones, cutting in flashings and removing chimney breasts.
- Notification of surrounding excavation, for when you are excavating within 3 or 6 metres of your neighbour’s structure.
- Line of junction notification, for the building and construction of a brand-new wall adjacent to a boundary, or the building and construction of a new wall astride a border.
When do you require to serve notice?
If your works are governed by the Party Wall Act, you’ll require to serve a party wall notice on every neighbouring home impacted at least two months before the works begin. As soon as notice has been served, you can use up to a year to start work.
If you begin work without having actually initially notified in the correct way, your neighbours might look for to stop your resolve a court injunction or look for other legal redress.
What happens after you serve notice?
As soon as see about desired work is served, your neighbour may either:.
- Provide their consent in writing, or.
- Disagree with the works proposed in writing, or.
- Do nothing.
If, after a duration of 14 days from the service of your notice, the person receiving the notification has not done anything, a disagreement is regarded as having actually emerged. Any disputes will be dealt with by a property surveyor.
When do you require a party wall agreement or award?
You’ll need a party wall agreement if you’re going to carry out construction or changes which involve:
- Work carried out on a wall,.
- Floor or ceiling shown another property,.
- Building on the boundary with another home,.
- Excavating within six meters of an adjacent structure,.
- Repairing a party wall or spouts, fall pipes, drains, drains pipes, wire channels, flues, chimney stacks, eaves or troughs utilized in common with neighbours.
For more information, see the Department for Communities and City Government (Guidance for carrying out structure work under the Party Wall Act 1996).
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