We are Party Wall Surveyors specialising in party wall issues in UK. We have more than twenty 5 years experience of operating in UK, acting for specialists, organizations, along with for individuals.
Each brief is unique, and our dedicated team of party wall surveyors is experienced in dealing with all manner of issues associating with party walls. We are proud to offer a bespoke service to match the differing needs of our clients.
This website is developed to provide basic details as well as providing you the chance to contact us directly with your requirements and issues, hence allowing our professional Party Wall Surveyors to recommend you appropriately.
The existing legislation handling party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or structures (including piled structures).
Our group of Faulkners Surveyors Party Wall Surveyors offers a special niche service, which enables you to have the best quality service at competitively priced costs.
To find out more contact among our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
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.
Party Wall Act
The Party Wall and so on. Act 1996 is an allowing Act, insofar as it approves the owner of a residential or commercial property the legal right to carry out particular works that may otherwise constitute trespass or problem.
However, it likewise looks for to secure the interests of adjacent owners from any possibly unfavorable effects that such works might have by imposing a requirement that all adjacent owners be provided prior notice of them.
In addition, the Act attends to a necessary disagreement resolution treatment mediated by a statutorily appointed property surveyor or property surveyors if neighbouring owners have issues about the implementation of any proposition so notified.
Specifically, such notice should be served where the owner of a property (called ‘the structure owner’) means to undertake any building work explained in Sections 1, 2 and 6 of the Act. Note that it is just those works that are covered by the Act and the scope is limited to the following:
- Section 1 applies where it is proposed to set up a new wall at a boundary that is not already built on.
- Section 2 concerns existing party structures, that include party partitions, walls and floors (that separate buildings or parts of structures), party fence walls (essentially a limit wall in between lands in separate ownership which is built astride a limit) and, in some instances, a neighbour’s independent property.
- Area 6 can apply to excavations as much as 6 m away from a building or structure on neighbouring land, based on depth criteria which the Act sets out.
The information that Discovers need to offer in regard of works covered the above areas is different in each case. The requirements of Section 1 and Area 6 Notifications are set out in those areas but the requirements of a Notice associating with Area 2 works is set out in Section 3 of the Act. It is essential to note that the credibility of any notice not offering all the pertinent information or served in the incorrect manner, could be open to challenge in Court.
There is no basic type of Notification although many individuals use those published by the RICS or versions appended to the explanatory booklet released by the Department for Communities and Local Government. Offered all the info needed by the appropriate section of the Act is present, an easy letter would be equally valid.
Depending upon the situations of any provided task there may be more than one adjoining owner on whom see requirements to be served in regard of the same work and, when it comes to deep excavations, an Adjoining Owner may be aside from an instant neighbour. It is constantly more suitable to discuss the designated works with adjacent owners before serving them with official written notification – a proposal well discussed might ease issues sufficient to prevent a conflict occurring and prevent the requirement to appoint surveyors.
There are two exceptions where the requirement to serve notice might be prevented:
- De minimis works: The federal government’s explanatory booklet states that some works on a party wall may be so minor that service of notification under the Act would be normally regarded as not needed and give as examples works unlikely to impact the structural strength or support functions of a party structure or trigger damage to the neighbours side of it, such as re-plastering, shallow chasing for electrical wiring or placing power sockets, and screws to support racks, kitchen area cabinets, and so on.
- Functions under Section 2 of the Act offered that written permission is gotten from all Adjoining Owners and Occupiers prior to work commences.
The 3 kinds of Notification are understood, respectively as:
- Section 1: Line of Junction Notice
- Section 3 (for S2 works): Party Structure Notification
- Area 6: Notice of Adjacent Excavation
A party structure notification need to be served a minimum of 2 months prior to the date on which it is proposed to begin that work. The other 2 notifications need to be served at least one month prior to work starting.
The compulsory details which Notices need to include are as follows:
- Line of Junction Notice:
- An indication of the structure owner’s desire to construct a wall.
- A description of the wall.
- Party Structure Notification:
- The name and address of the structure owner.
- The nature and particulars of the proposed work.
- The date on which the proposed work will begin.
- Notice of Adjacent Excavation:
- An indication of the structure owner’s proposals.
- A declaration as to whether the structure owner proposes to underpin or otherwise enhance or secure the foundations of the building or structure of the adjacent owner.
- Accompanying plans and areas revealing: a) the website and depth of any excavation the building owner proposes to make; b) if he proposes to put up a structure or structure, its website.
Most of the pro-forma notices in use consist of the following information as a matter of course despite the type of notification:
- The date of the notice.
- The name and addresses of both the building and adjacent owners (and the addresses of the properties being worked on/affected if various).
- A declaration regarding the start of works relative to the proper notification duration.
- An advisory note discussing what takes place if the recipient actively dissents from the works or stops working to react within 14 days.
Area 10 of the Act stipulates that where an adjacent owner does not consent in writing to works informed by the structure owner under Sections 3 and 6, both celebrations should either settle on the visit of a single property surveyor to act for both of them (called the Agreed Property Surveyor), or each select their own surveyor, to identify by award matters in dispute in between the parties.
Where a task is straightforward, this may just involve consideration of the time and manner in which those works are to be carried out. In more complex plans, thought will have to be provided to a commensurately greater number of factors and certainly selected surveyors have the statutory jurisdiction to make an award in respect of any matter gotten in touch with any work to which the act relates.
The exact same treatment is used to solve any subsequent conflicts in between neighbouring owners that may occur in relation to the informed works, consisting of any loss or damage suffered by an adjoining owner as a result of their execution.
Inaction on the part of the adjoining owner does not stop the statutory procedure. A disagreement can develop by an adjacent owner actively dissenting, that is, communicating to the structure owner an objection in respect of some matter developing out of or incidental to the works – the means of making that objection are trivial, however if he remains quiet, neither dissenting nor consenting for a period of 2 week after having been served with a Notice under either Section 3 or Section 6, the Act deems a dissent to have developed in any event.
There is no deemed dissent provision in Section 1 of the Act. A legitimate dispute can still emerge, and surveyors be appointed in accordance with Area 10, in respect of works alerted under that area however only as relates to actual dissent on particular grounds. An adjacent owner’s reasons for disputing Area 2 and Area 6 works are seldom defined prior to the visit of surveyors and in most cases not even then.
Where dissent has developed, whether actual or deemed, both owners are lawfully required to appoint a concurred surveyor or, if they can not jointly agree on a bachelor, a property surveyor each and if requested to make such an appointment by the other party, must do so within 10 days of the request being served. Failure to comply, immediately provides the owner making the demand the statutory authority to designate a property surveyor on behalf of the recalcitrant party. This treatment is set out in section 10( 4) of the Act.
Where 2 surveyors are selected, they are obliged to agree upon the choice, in writing, of a 3rd surveyor who may be hired by either of the surveyors or either of the celebrations to figure out the contested matters and make the required award. The third surveyor is never selected by anybody but the Act offers the person so selected the exact same statutory powers as the two surveyors.
3rd surveyors are most frequently called upon where the two property surveyors have reached a deadlock in their considerations over some specific point and frequently this can be in respect on the reasonableness of the fees of the surveyor designated by the adjacent owner. Seldom will a third property surveyor be asked to prepare an award in respect of the entire works however might accompany one or other of the two surveyors to do so if the requirement develops.
There is no meaning of who can be a surveyor, however it must not be the same person that will supervise the works.
The award will set out the works that can be performed, who will pay the fees for the preparation of the award and evaluation of the works to make sure that they abide by the works, and who will spend for the works. They will usually be required to pay the costs and the expense of the works if the work is solely for the advantage of the structure owner.
Celebrations have 14 days to attract the county court if they disagree with the award.
The Act permits access to the adjoining home for the functions of carrying out the works whether the adjoining owner permits or not, however they should be offered 14 days notice.
NB: The intro of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 implies that from 6 April 2016, notifications and other files can be served by electronic communications.
The info that Discovers need to offer in regard of works covered the above areas is different in each case. The requirements of Area 1 and Area 6 Notices are set out in those sections however the requirements of a Notification relating to Section 2 works is set out in Section 3 of the Act. A valid conflict can still arise, and surveyors be appointed in accordance with Section 10, in respect of works alerted under that area but only as regards real dissent on particular grounds. An adjacent owner’s reasons for disputing Area 2 and Area 6 works are seldom specified prior to the appointment of property surveyors and in lots of cases not even then.
Where dissent has actually developed, whether actual or deemed, both owners are lawfully required to designate an agreed surveyor or, if they can not collectively concur on a single individual, a property surveyor each and if requested to make such a consultation by the other party, must do so within 10 days of the request being served.
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