We are Party Wall Surveyors specialising in party wall issues in UK. We have more than twenty 5 years experience of working in UK, acting for specialists, businesses, in addition to for people.
Each brief is distinct, and our devoted team of party wall surveyors is experienced in dealing with all manner of issues associating with party walls. We are proud to use a bespoke service to match the varying needs of our customers.
This site is developed to provide standard details as well as providing you the chance to call us straight with your requirements and problems, hence allowing our expert Party Wall Surveyors to recommend you accordingly.
The existing legislation dealing with party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or structures (including piled foundations).
Our team of Faulkners Surveyors Party Wall Surveyors offers an unique specific niche service, which allows you to have the very best quality service at competitively priced costs.
For additional information contact among our Faulkners Surveyors Party Wall property 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 etc. Act 1996 is a making it possible for Act, insofar as it gives the owner of a residential or commercial property the legal right to carry out certain works that may otherwise make up trespass or nuisance.
However, it also looks for to safeguard the interests of adjacent owners from any potentially unfavorable results that such works may have by imposing a requirement that all adjacent owners be offered prior notice of them.
In addition, the Act provides for a necessary dispute resolution treatment moderated by a statutorily selected surveyor or surveyors if neighbouring owners have issues about the execution of any proposition so alerted.
Particularly, such notification needs to be served where the owner of a home (called ‘the structure owner’) plans to carry out 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:
- Area 1 uses where it is proposed to erect a new wall at a limit that is not currently built on.
- Section 2 concerns existing party structures, which include party floors, partitions and walls (that different buildings or parts of structures), party fence walls (basically a border wall in between lands in separate ownership which is constructed astride a limit) and, in some instances, a neighbour’s independent property.
- Section 6 can apply to excavations approximately 6 m away from a structure or structure on neighbouring land, based on depth criteria which the Act sets out.
The information that Discovers need to provide in regard of works covered the above sections is different in each case. The requirements of Area 1 and Section 6 Notifications are set out in those areas however the requirements of a Notification connecting to Section 2 works is set out in Section 3 of the Act. It is necessary to keep in mind that the validity of any notice not offering all the relevant info or served in the incorrect way, could be open to challenge in Court.
There is no standard form of Notification although many individuals use those published by the RICS or variations added to the explanatory pamphlet released by the Department for Communities and Local Government. Supplied all the information required by the relevant area of the Act is present, a simple letter would be similarly legitimate.
Depending on the scenarios of any provided project there might be more than one adjoining owner on whom notice requirements to be served in regard of the very same work and, in the case of deep excavations, an Adjacent Owner might be other than an immediate neighbour. It is always more effective to discuss the intended works with adjoining owners before serving them with formal written notice – a proposition well explained might relieve concerns adequate to prevent a conflict arising and prevent the necessity to appoint property surveyors.
There are two exceptions where the requirement to serve notice might be avoided:
- De minimis works: The government’s explanatory brochure states that some deal with a party wall may be so minor that service of notice under the Act would be usually considered as not needed and give as examples works not likely to affect the structural strength or support functions of a party structure or cause damage to the neighbours side of it, such as re-plastering, shallow chasing for electrical wiring or inserting power sockets, and screws to support racks, kitchen cabinets, and the like.
- Works under Area 2 of the Act supplied that written approval is obtained from all Adjoining Owners and Occupiers prior to work commences.
The 3 types of Notice are understood, respectively as:
- Area 1: Line of Junction Notice
- Area 3 (for S2 works): Party Structure Notice
- Section 6: Notice of Adjacent Excavation
A party structure notice need to be served a minimum of 2 months before the date on which it is proposed to start that work. The other two notifications should be served at least one month prior to work beginning.
The necessary information which Discovers must contain 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 Notification:
- The name and address of the building owner.
- The nature and particulars of the proposed work.
- The date on which the proposed work will begin.
- Notification of Adjacent Excavation:
- An indicator of the building owner’s proposals.
- A declaration regarding whether the structure owner proposes to underpin or otherwise strengthen or protect the foundations of the building or structure of the adjacent owner.
- Accompanying areas and plans revealing: a) the site and depth of any excavation the structure owner proposes to make; b) if he proposes to erect a structure or structure, its website.
The majority of the pro-forma notifications in use include the following details as a matter of course regardless of the type of notification:
- The date of the notice.
- The name and addresses of both the structure and adjoining owners (and the addresses of the residential or commercial properties being worked on/affected if various).
- A declaration as to the start of works relative to the suitable notification duration.
- If the recipient actively dissents from the works or stops working to respond within 14 days, an advisory note discussing what occurs.
Area 10 of the Act states that where an adjacent owner does not approval in writing to works alerted by the structure owner under Sections 3 and 6, both celebrations should either settle on the consultation of a single property surveyor to act for both of them (known as the Agreed Property Surveyor), or each select their own surveyor, to identify by award matters in dispute between the celebrations.
Where a project is straightforward, this might just include factor to consider of the time and way in which those works are to be carried out. In more complex plans, thought will have to be given to a commensurately greater number of elements and certainly designated 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 very same procedure is used to resolve any subsequent disputes in between neighbouring owners that might arise in relation to the alerted works, consisting of any loss or damage suffered by an adjoining owner as a result of their execution.
Inactiveness on the part of the adjacent owner does not stop the statutory procedure. A conflict can occur by an adjacent owner actively dissenting, that is, interacting 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 quiet, neither consenting nor dissenting for a duration of 14 days after having been served with a Notification under either Section 3 or Area 6, the Act deems a dissent to have actually occurred in any event.
There is no considered dissent arrangement in Section 1 of the Act. A valid dispute can still emerge, and property surveyors be appointed in accordance with Section 10, in respect of works alerted under that section but only as concerns actual dissent on specific grounds. An adjoining owner’s factors for contesting Area 2 and Area 6 works are rarely specified prior to the visit of property surveyors and in many cases not even then.
Where dissent has emerged, whether actual or deemed, both owners are lawfully required to appoint an agreed surveyor or, if they can not collectively settle on a single person, 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. Failure to comply, automatically provides the owner making the demand the statutory authority to designate a property surveyor on behalf of the recalcitrant party. This procedure is set out in area 10( 4) of the Act.
Where 2 property surveyors are selected, they are required 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 parties to identify the challenged matters and make the necessary award. The 3rd property surveyor is never designated by anyone but the Act gives the individual so chose the same statutory powers as the two surveyors.
Third surveyors are most commonly hired where the two property surveyors have actually reached a deadlock in their considerations over some particular point and frequently this can be in regard on the reasonableness of the charges of the surveyor appointed by the adjacent owner. Rarely will a third surveyor be asked to draw up an award in respect of the entire works but may join with one or other of the two property surveyors to do so if the requirement arises.
There is no definition of who can be a property surveyor, but it ought to not be the same individual that will supervise the works.
The award will set out the works that can be carried out, who will pay the costs for the preparation of the award and assessment of the works to guarantee that they comply with the works, and who will spend for the works. If the work is exclusively for the benefit of the building owner, then they will normally be required to pay the charges and the expense of the works.
If they disagree with the award, celebrations have 14 days to appeal to the county court.
The Act enables access to the adjoining residential or commercial property for the functions of performing the works whether the adjacent owner allows or not, however they should be offered 2 week notification.
NB: The intro of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 suggests that from 6 April 2016, notices and other files can be served by electronic interactions.
The information that Sees need to provide in regard of works covered the above areas is different in each case. The requirements of Area 1 and Section 6 Notifications are set out in those sections however the requirements of a Notice relating to Section 2 works is set out in Section 3 of the Act. A legitimate conflict can still occur, and surveyors be appointed in accordance with Area 10, in respect of works alerted under that area but only as relates to actual dissent on specific premises. An adjoining owner’s factors for contesting Section 2 and Area 6 works are seldom specified prior to the consultation of property surveyors and in lots of cases not even then.
Where dissent has actually arisen, whether real or considered, both owners are lawfully required to select a concurred property surveyor or, if they can not collectively agree on a single individual, a property surveyor each and if asked for to make such an appointment by the other party, need to do so within 10 days of the request being served.
Around the Web