We are Party Wall Surveyors specialising in party wall problems in UK. We have more than twenty five years experience of operating in UK, acting for professionals, services, along with for individuals.
Each quick is unique, and our dedicated team of party wall property surveyors is experienced in dealing with all manner of concerns relating to party walls. We are proud to offer a bespoke service to match the varying requirements of our clients.
This site is developed to offer fundamental details along with providing you the chance to contact us straight with your issues and requirements, therefore enabling our expert Party Wall Surveyors to advise you appropriately.
The present 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, nearby excavations and/or foundations (consisting of piled structures).
Our group 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 fees.
For more details contact one of 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 grants the owner of a residential or commercial property the legal right to carry out certain works that may otherwise make up trespass or nuisance.
Nevertheless, it likewise looks for to secure the interests of adjacent owners from any possibly negative results that such works may have by imposing a requirement that all adjacent owners be provided prior notice of them.
In addition, the Act provides for a mandatory disagreement resolution procedure moderated by a statutorily designated surveyor or surveyors if neighbouring owners have concerns about the implementation of any proposal so informed.
Specifically, such notice needs to be served where the owner of a residential or commercial property (known as ‘the structure owner’) plans to undertake any building work described in Sections 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 limited to the following:
- Area 1 applies where it is proposed to put up a new wall at a border that is not currently built on.
- Section 2 issues existing party structures, which include party floorings, walls and partitions (that separate structures or parts of structures), party fence walls (essentially a boundary wall between lands in different ownership which is constructed astride a border) and, in some instances, a neighbour’s independent residential or commercial property.
- Section 6 can apply to excavations as much as 6 m far from a building or structure on neighbouring land, subject to depth criteria which the Act sets out.
The information that Sees should supply in respect of works covered the above areas is different in each case. The requirements of Section 1 and Area 6 Notices are set out in those areas however the requirements of a Notification relating to Section 2 works is set out in Area 3 of the Act. It is essential to note that the credibility of any notice not supplying all the pertinent information or served in the incorrect way, could be open up to challenge in Court.
There is no basic kind of Notification although lots of people use those released by the RICS or variations added to the explanatory booklet provided by the Department for Communities and Local Government. However, supplied all the details needed by the relevant area of the Act exists, an easy letter would be similarly legitimate.
Depending upon the circumstances of any offered job there might be more than one adjoining owner on whom notice needs to be served in respect of the exact same work and, in the case of deep excavations, an Adjacent Owner might be besides an immediate neighbour. It is always more effective to talk about the desired deal with adjoining owners prior to serving them with official composed notification – a proposition well discussed might reduce issues enough to prevent a disagreement arising and prevent the necessity to appoint surveyors.
There are two exceptions where the need to serve notice might be avoided:
- De minimis works: The federal government’s explanatory pamphlet states that some deal with a party wall might be so minor that service of notice under the Act would be usually considered not essential 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 circuitry or placing power sockets, and screws to support shelves, kitchen area cupboards, and so on.
- Functions under Area 2 of the Act offered that written authorization is acquired from all Adjoining Owners and Occupiers prior to work commences.
The 3 types of Notification are known, respectively as:
- Area 1: Line of Junction Notice
- Section 3 (for S2 works): Party Structure Notification
- Section 6: Notice of Adjacent Excavation
A party structure notification must be served at least 2 months before the date on which it is proposed to start that work. The other two notifications need to be served a minimum of one month prior to work beginning.
The obligatory info which Observes need to consist of are as follows:
- Line of Junction Notification:
- An indicator 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 details of the proposed work.
- The date on which the proposed work will begin.
- Notification of Adjacent Excavation:
- An indicator of the structure owner’s proposals.
- A statement as to whether the structure owner proposes to underpin or otherwise strengthen or protect the structures of the building or structure of the adjacent owner.
- Accompanying plans and areas showing: a) the website and depth of any excavation the structure owner proposes to make; b) if he proposes to put up a building or structure, its website.
Most of the pro-forma notifications in use include the following details as a matter of course no matter the kind of notice:
- The date of the notice.
- If various), the name and addresses of both the building and adjacent owners (and the addresses of the properties being worked on/affected.
- A statement as to the beginning of works relative to the proper notice duration.
- An advisory note discussing what occurs if the recipient actively dissents from the works or fails to respond within 14 days.
Area 10 of the Act specifies that where an adjacent owner does not consent in writing to works informed by the building owner under Sections 3 and 6, both parties must either settle on the consultation of a single property surveyor to act for both of them (referred to as the Agreed Property Surveyor), or each select their own property surveyor, to figure out by award matters in dispute in between the parties.
Where a job is straightforward, this might only 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 provided to a commensurately greater number of aspects and indeed selected surveyors have the statutory jurisdiction to make an award in regard of any matter connected with any work to which the act relates.
The very same procedure is used to solve any subsequent conflicts in between neighbouring owners that may develop in relation to the alerted works, including any loss or damage suffered by an adjoining owner as a result of their execution.
Inaction on the part of the adjacent owner does not stop the statutory procedure. A disagreement can arise by an adjoining owner actively dissenting, that is, interacting to the building owner an objection in respect of some matter developing out of or incidental to the works – the means of making that objection are not important, however if he remains quiet, neither dissenting nor consenting for a period of 14 days after having been served with a Notice under either Area 3 or Area 6, the Act considers a dissent to have emerged in any event.
There is no considered dissent arrangement in Area 1 of the Act. A valid disagreement can still develop, and property surveyors be appointed in accordance with Area 10, in respect of works informed under that area but only as relates to actual dissent on specific grounds. An adjacent owner’s reasons for disputing Section 2 and Area 6 works are hardly ever specified prior to the appointment of property surveyors and in many cases not even then.
Where dissent has occurred, whether real or deemed, both owners are lawfully required to designate an agreed surveyor or, if they can not jointly settle on a bachelor, a surveyor each and if requested to make such a visit by the other party, must do so within 10 days of the request being served. Failure to comply, immediately offers the owner making the demand the statutory authority to select a surveyor on behalf of the recalcitrant party. This procedure is set out in area 10( 4) of the Act.
Where 2 surveyors are appointed, they are obliged to agree upon the choice, in writing, of a 3rd property surveyor who may be hired by either of the surveyors or either of the parties to figure out the challenged matters and make the necessary award. The 3rd surveyor is never selected by anyone however the Act gives the person so chose the same statutory powers as the two property surveyors.
Third property surveyors are most typically called upon where the two property surveyors have actually reached a deadlock in their considerations over some specific point and often this can be in respect on the reasonableness of the charges of the surveyor selected by the adjacent owner. Rarely will a third surveyor be asked to draw up an award in respect of the entire works however might 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 needs to not be the same individual that will supervise the works.
The award will set out the works that can be performed, who will pay the costs for the preparation of the award and evaluation of the works to make sure that they comply with the works, and who will pay for the works. They will typically be required to pay the fees and the cost of the works if the work is solely for the benefit of the building owner.
Celebrations have 2 week to appeal to the county court if they disagree with the award.
The Act enables access to the adjacent home for the functions of carrying out the works whether the adjoining owner permits or not, nevertheless they need to be provided 14 days notification.
NB: The introduction of The Party Wall and so on. Act 1996 (Electronic Communications) Order 2016 indicates that from 6 April 2016, notices and other documents can be served by electronic interactions.
The information that Observes must provide 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 sections however the requirements of a Notification relating to Area 2 works is set out in Section 3 of the Act. A valid conflict can still arise, and property surveyors be selected in accordance with Section 10, in respect of works alerted under that area but only as concerns actual dissent on specific grounds. An adjacent owner’s factors for contesting Area 2 and Area 6 works are seldom specified prior to the consultation of surveyors and in numerous cases not even then.
Where dissent has actually emerged, whether real or deemed, both owners are legally required to designate a concurred property surveyor or, if they can not collectively concur 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.
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