Faulkners Surveyors Professional Qualified Local Party Wall in Yate Surveyors covering Yate and the Home Counties. Unlike lots of others, we are full time Local Party Wall Surveyors undertaking hundreds of Party Wall jobs each month without fault.
Party wall Yate matters
This details only applies in England and Wales.
You’ll need a party wall agreement for repairs if you’re a property owner who has agreed minor repair work works with a neighbour of a shared limit. For more extensive works, you’ll need 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 need to serve notice of the proposed deal with your neighbour( s) and, if they do not consent to the work, you’ll need to select a surveyor to prepare a Party Wall Award.
Nevertheless, if works to the party wall are so small, that service of notice under the Act is not necessary (eg uncomplicated repairs, such as replastering, or cutting into the party wall to include or replace recessed electrical wiring and sockets) you can use a simple Party Wall Agreement to tape-record the work to be undertaken.
What is a party wall?
The term “party wall” includes the following:
- a wall that bases on the land of two (or more) types and owners part of a structure – this wall can be part of one building just or separate structures coming from different owners
- a wall that bases on the land of two owners but does not form part of a building, such as garden wall (however not consisting of wood fences).
- a wall that is on someone’s land but is used by 2 (or more) owners of separate residential or commercial properties.
What works are covered by the Party Wall Act?
- Developing a new wall or building on or at the border of 2 homes.
- Cutting into or performing work to a party wall or structure.
- Making a party wall taller, much shorter or much deeper.
- Eliminating chimney breasts from a party wall.
- Knocking down and restoring a party wall.
- Digging below the structure level of a neighbour’s residential or commercial property.
Kinds of notification.
- Party structure notice, for changes that directly impact the party wall and consist of common tasks, such as cutting holes to place beams and padstones, cutting in flashings and getting rid of chimney breasts.
- Notification of adjacent 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 brand-new wall adjacent to a border, or the building of a new wall astride a border.
When do you need 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 residential or commercial property impacted at least 2 months before the works start. Once notification has been served, you can take up to a year to start work.
Your neighbours may seek to stop your work through a court injunction or look for other legal redress if you start work without having initially offered notice in the appropriate way.
What occurs after you serve notice?
When notice about designated work is served, your neighbour might either:.
- Provide their approval in writing, or.
- Disagree with the works proposed in writing, or.
- Not do anything.
If, after a period of 14 days from the service of your notice, the person receiving the notification has actually not done anything, a conflict is considered having developed. Any disagreements will be handled 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 or alterations which include:
- Work performed on a wall,.
- Flooring or ceiling shared with another residential or commercial property,.
- Building on the boundary with another property,.
- Excavating within 6 meters of an adjacent structure,.
- Repairing a party wall or spouts, fall pipes, sewers, drains, wire channels, flues, chimney stacks, eaves or troughs utilized in common with neighbours.
For more details, see the Department for Communities and Local Government (Assistance for carrying out building 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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