We are completely certified specialist Party Wall Surveyors with years of experience producing Schedule of Condition reports and legally serving Party Wall Agreements and Notices.
With workplaces in Central, South and North London it makes us perfectly positioned to serve Greater London and the surrounding counties.
Whether you’re a Building Owner preparing a brand-new task or a neighbour who has actually been served a Party Wall Notification our understanding and experience guarantees we are always best prepared to help with your Party Wall requirements.
Call now and speak to a Specialist Surveyor for friendly expert guidance.
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.
THE PARTY WALL ACT 1996- A BEGINNERS GUIDE
We value that many people wanting to perform works on their property have the requirements of The Party Wall Act thrust upon at a reasonably late stage in the pre-construction process. We likewise comprehend it can be a challenging procedure for those that have actually not experienced it previously. Here in Faulkners Surveyors, among our senior surveyors, offers his “beginners guide” which intends to provide an outline understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Act?
The Party Wall etc Act 1996 offers a treatment to follow when developing work involves a party wall or party fence wall, some excavations near to neighbouring structures, and new walls at limits. The Act allows owners to perform certain particular works, including work to the full density of a party wall, whilst at the same time protecting the interests of anybody else who might be impacted by that work. The Act is created to avoid or minimise disputes by making certain homeowner alert their neighbours in advance of specific proposed works.
The Act supplies a mechanism for fixing disputes and allowing works to proceed. It likewise requires that, where the adjacent owner does not ‘agree’ in writing to the works, a surveyor or surveyors will determine the time and way in which those works are performed.
What is a party wall?
Party walls generally different structures coming from various owners but could include garden walls developed astride a limit– referred to as party fence walls. Where a wall separates two various size structures frequently just the part that is used by both residential or commercial properties is a party wall, the rest belongs to the person or persons on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so consisted of since the arrangements of the Act are not limited to party walls, they also consist of party structures and party fence walls.
Area 20 of the Act specifies each:
” party fence wall” suggests a wall (not becoming part of a building) which bases on lands of various owners and is utilized or constructed to be used for separating such adjacent lands, however does not include a wall constructed on the land of one owner the artificially formed assistance of which projects into the land of another owner;
” party structure” means a party wall and also a floor partition or other structure separating structures or parts of structures approached entirely by different staircases or different entrances;
What is covered by the Act?
There are specific products of work that you can just be done after notifying the adjoining owners and either getting written arrangement of the neighbour or with a Party Wall Award prepared by a surveyor/s.
Notifiable works include (however are not limited to):.
- cutting into a wall to take the bearing of a beam, for example for a loft conversion.
- placing a damp evidence course, even if just to your own side of a party wall.
- raising a party wall and, if needed, cutting off any things preventing this from taking place.
- destroying and restoring a party wall.
- underpinning a party wall or part of a party wall.
- weathering the junction of adjacent walls or structures by cutting a flashing into an adjoining building.
- excavating structures within three metres of a neighbour’s structure and lower than its structures.
- excavating structures within 6 metres of a neighbour’s structure and below a line drawn down at 45 ° from the bottom of its structures.
If it is proposed to construct a brand-new wall on the line of junction (limit line), notifications are likewise needed. A party wall surveyor will generally have the ability to confirm which work is notifiable and recommendations the notification duration and type of notification needed.
What is not covered by the Act?
The Act relates just to certain particular kinds of work and is permissive in nature. It must not be viewed as a technique of challenging or avoiding works and it is not intended to be applied to small tasks that do not affect the structural stability or loading of a party wall.
It is typically concurred that works such as fixing plug sockets, screwing in shelving or replastering walls are small works and do not need a notification.
The functions of the Act are constantly prompted by the of issuing notices. This is the first stage of the procedure and, without the issue of valid notifications, no more action can be taken under the arrangement of the Act.
Composed notification needs to be served on adjacent owners a minimum of two months prior to starting any party wall works (one month for works to the line of junction or excavations). All adjacent owners must be served a notification and there are likely to be circumstances where there is more than one adjacent property and more than one owner of each residential or commercial property (ie: if the adjacent home is split into flats and owned on a leasehold basis, notices will be needed to both leaseholder and freeholder of all flats impacted by the works). Functions to a party wall, or those impacting a ceiling or floor, will also need a notice to adjoining owners living above or below.
Legitimate notices should include the following details as a minimum:.
- The name and address of the structure owner;.
- The nature and particulars of the proposed work including plans, areas and details of construction approaches.
- The date on which the proposed work will start.
It is important to include the proper information on a notification as, if they are deemed invalid, then any subsequent actions are also void.
Reactions To Notifications.
On invoice of a notice, an adjoining owner has three possible strategies:.
- To consent to the works proceeding as explained. A consenting Adjoining Owner keeps all rights under the Act including the right to appoint a property surveyor later on while doing so if there is a conflict at that stage.
- To dissent and designate a property surveyor. The Act enables the Owners to concur in the appointment of a single ‘Agreed’ surveyor or appoint their own different surveyor.
- Provide a counter notice to set out particular conditions needed for the advantage of the Adjoining Owner. The Counter Notification should set out what additional or modified work the Adjoining Owner would like to be included for his advantage.
For the most part, if the adjacent does not respond within 14 days then a deemed disagreement is said to have actually occurred and the person performing the work should appoint a surveyor to act on the adjacent owners behalf.
If adjoining owners offer composed grant the works as set out within the notices, then there is no conflict to fix and no further need for party wall property surveyors or, indeed, the Party Wall Act. Assuming work profits as detailed within no damage and the notification is caused, then no further involvement is essential.
The surveyors then work together to agree the terms under which work might proceed. The surveyor( s) will examine the strategies, notifications and structural information of the works and, after thinking about the effect of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).
The Party Wall Award.
The award will normally tape-record the condition of the relevant part of adjoining residential or commercial property prior to work begins (this is not a requirement under the Act but is considered good practice and is appropriately offered by most good surveyors). The award may also approve access to both homes so that the works can be safely carried out and the surveyor/s can examine work in development.
Typically, the building owner who started the work spends for all expenses of work and the sensible costs sustained by all parties as a result, this will include the surveyors fees for both Building Owner and Adjoining Owner.
We value that lots of individuals wishing to carry out works on their property have the requirements of The Party Wall Act thrust upon at a reasonably late phase in the pre-construction procedure. Here, Michael White C.Build.E MCABE MFPWS, one of our senior surveyors, uses his “beginners guide” which aims to supply an overview understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Act?
The Party Wall etc Act 1996 provides a treatment to follow when developing work involves a party wall or party fence wall, some excavations close to neighbouring structures, and new walls at borders. The Act allows owners to bring out particular specific works, including work to the full density of a party wall, whilst at the very same time safeguarding the interests of anyone else who may be impacted by that work. Written notification needs to be served on adjoining owners at least 2 months prior to beginning any party wall works (one month for works to the line of junction or excavations).
Around the Web