We are Party Wall Surveyors specialising in party wall concerns in UK. We have over twenty five years experience of operating in UK, acting for experts, services, in addition to for people.
Each brief is special, and our devoted group of party wall surveyors is experienced in dealing with all manner of issues connecting to party walls. We are proud to offer a bespoke service to match the varying requirements of our clients.
This website is developed to supply basic details in addition to providing you the chance to call us straight with your requirements and problems, thus enabling our expert Party Wall Surveyors to encourage you accordingly.
The existing legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or foundations (consisting of stacked structures).
Our team of Faulkners Surveyors Party Wall Surveyors supplies a special specific niche service, which enables you to have the very best quality service at competitively priced charges.
For additional information contact one of our Faulkners Surveyors Party Wall property surveyors on 03300100262.
Party Wall (WikiPedia)
Party Wall Act
The Party Wall and so on. Act 1996 is an allowing Act, insofar as it gives the owner of a property the legal right to undertake specific works that may otherwise make up trespass or nuisance.
Nevertheless, it likewise seeks to protect the interests of adjacent owners from any potentially adverse impacts that such works may have by imposing a requirement that all adjacent owners be offered prior notice of them.
In addition, the Act offers a compulsory disagreement resolution treatment moderated by a statutorily selected property surveyor or surveyors if neighbouring owners have issues about the implementation of any proposition so notified.
Particularly, such notice must be served where the owner of a property (known as ‘the building owner’) plans to undertake any building work described in Areas 1, 2 and 6 of the Act. Keep in mind that it is just those works that are covered by the Act and the scope is restricted to the following:
- Section 1 applies where it is proposed to put up a new wall at a boundary that is not currently built on.
- Area 2 issues existing party structures, which include party floors, walls and partitions (that different structures or parts of structures), party fence walls (basically a border wall in between lands in separate ownership which is built astride a limit) and, in some circumstances, a neighbour’s independent property.
- Area 6 can apply to excavations up to 6 m away from a structure or structure on neighbouring land, based on depth criteria which the Act sets out.
The info that Discovers must supply in regard of works covered the above sections is various in each case. The requirements of Area 1 and Area 6 Notices are set out in those areas however the requirements of a Notification associating with Area 2 works is set out in Section 3 of the Act. It is necessary to keep in mind that the credibility of any notice not providing all the relevant info or served in the inaccurate way, could be open up to challenge in Court.
There is no basic form of Notice although lots of people use those released by the RICS or variations appended to the explanatory brochure provided by the Department for Communities and Local Government. Nevertheless, provided all the information required by the pertinent area of the Act exists, an easy letter would be equally valid.
Depending on the circumstances of any provided project there may be more than one adjacent owner on whom observe needs to be served in regard of the exact same work and, in the case of deep excavations, an Adjacent Owner may be other than an immediate neighbour. It is always more suitable to discuss the intended deal with adjacent owners before serving them with formal composed notice – a proposal well described might ease concerns enough to prevent a conflict developing and prevent the necessity to designate surveyors.
There are 2 exceptions where the need to serve notice might be avoided:
- De minimis works: The federal government’s explanatory pamphlet says that some works on a party wall might be so small that service of notice under the Act would be typically regarded as not essential and give as examples works not likely to affect 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 circuitry or inserting power sockets, and screws to support shelves, kitchen cupboards, and the like.
- Functions under Area 2 of the Act provided that written authorization is gotten from all Adjacent Owners and Occupiers before work commences.
The three kinds of Notification are known, respectively as:
- Area 1: Line of Junction Notification
- Section 3 (for S2 works): Party Structure Notification
- Area 6: Notification of Adjacent Excavation
A party structure notification should be served a minimum of two months prior to the date on which it is proposed to start that work. The other two notices need to be served at least one month prior to work commencing.
The necessary information which Notices must include are as follows:
- Line of Junction Notice:
- A sign of the building owner’s desire to construct a wall.
- A description of the wall.
- Party Structure Notice:
- The name and address of the building owner.
- The nature and details of the proposed work.
- The date on which the proposed work will start.
- Notice of Adjacent Excavation:
- An indicator of the building owner’s proposals.
- A statement regarding whether or not the building owner proposes to underpin or otherwise strengthen or secure the structures of the building or structure of the adjacent owner.
- Accompanying plans and sections showing: a) the site and depth of any excavation the structure owner proposes to make; b) if he proposes to set up a structure or structure, its site.
The majority of the pro-forma notifications in use include the following info as a matter of course despite the kind of notification:
- The date of the notification.
- If different), the name and addresses of both the building and adjoining owners (and the addresses of the residential or commercial properties being worked on/affected.
- A statement regarding the beginning of works relative to the proper notice period.
- If the recipient actively dissents from the works or stops working to react within 14 days, an advisory note describing what takes place.
Section 10 of the Act specifies that where an adjoining owner does not permission in writing to works alerted 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 (referred to as the Agreed Surveyor), or each appoint their own property surveyor, to figure out by award matters in dispute between the celebrations.
Where a project is straightforward, this may just include consideration of the time and way in which those works are to be performed. In more complex plans, thought will need to be offered to a commensurately greater number of factors and indeed appointed property surveyors have the statutory jurisdiction to make an award in regard of any matter gotten in touch with any work to which the act relates.
The same procedure is utilized to deal with any subsequent conflicts between neighbouring owners that might develop in relation to the alerted 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 halt the statutory process. A conflict can emerge by an adjacent owner actively dissenting, that is, communicating to the structure owner an objection in respect of some matter emerging out of or incidental to the works – the means of making that objection are not important, however if he remains silent, neither dissenting nor consenting for a duration of 2 week after having been served with a Notification under either Area 3 or Section 6, the Act considers a dissent to have developed in any event.
There is no deemed dissent provision in Area 1 of the Act. A legitimate disagreement can still occur, and surveyors be selected in accordance with Area 10, in respect of works informed under that area but just as regards actual dissent on particular grounds. An adjoining owner’s reasons for challenging Area 2 and Area 6 works are rarely specified prior to the consultation of property surveyors and oftentimes not even then.
Where dissent has occurred, whether actual or considered, both owners are legally required to select a concurred surveyor or, if they can not jointly agree on a single person, a surveyor each and if requested to make such a consultation by the other party, need to do so within 10 days of the demand being served. Failure to comply, automatically provides the owner making the demand the statutory authority to appoint a surveyor on behalf of the recalcitrant party. This treatment is set out in area 10( 4) of the Act.
Where 2 surveyors are appointed, they are obliged to agree upon the selection, in composing, of a 3rd property surveyor who may be called upon by either of the property surveyors or either of the celebrations to figure out the challenged matters and make the needed award. The third surveyor is never ever appointed by anybody however the Act offers the individual so chose the exact same statutory powers as the two surveyors.
3rd property surveyors are most typically called upon where the two property surveyors have actually reached a deadlock in their deliberations over some particular point and frequently this can be in regard on the reasonableness of the costs of the property surveyor appointed by the adjacent owner. Rarely will a 3rd property surveyor be asked to draw up an award in respect of the entire works but may accompany one or other of the two surveyors to do so if the requirement emerges.
There is no meaning of who can be a surveyor, however it should not be the same person that will supervise the works.
The award will set out the works that can be carried out, who will pay the charges for the preparation of the award and examination of the works to guarantee that they adhere to the works, and who will spend for the works. They will usually be needed to pay the fees and the cost of the works if the work is exclusively for the benefit of the building owner.
If they disagree with the award, parties have 14 days to appeal to the county court.
The Act allows access to the adjacent property for the purposes of carrying out the works whether the adjoining owner allows or not, however they need to be given 14 days notification.
NB: The intro of The Party Wall and so on. Act 1996 (Electronic Communications) Order 2016 means that from 6 April 2016, notifications and other documents can be served by electronic interactions.
The details that Sees need to supply in respect of works covered the above sections is different in each case. The requirements of Section 1 and Section 6 Notifications are set out in those sections however the requirements of a Notice relating to Area 2 works is set out in Area 3 of the Act. A valid dispute can still emerge, and property surveyors be appointed in accordance with Area 10, in respect of works notified under that area but just as concerns actual dissent on specific premises. An adjacent owner’s factors for contesting Section 2 and Area 6 works are hardly ever specified prior to the consultation of property surveyors and in many cases not even then.
Where dissent has developed, whether actual or considered, both owners are legally required to appoint an agreed property surveyor or, if they can not collectively agree on a single individual, a surveyor each and if requested to make such an appointment by the other party, must do so within 10 days of the demand being served.
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