The Faulkners Surveyors is an expert Chartered Building Surveying Practice that runs throughout UK. The Faulkners Surveyors carries out all aspects of the Party Wall etc. Act 1996 and supplies the following services:
Objective recommendations on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjoining Owners or Building Owners
Acting as the Agreed Party Wall Surveyor
Carrying Out Schedules of Condition studies
Preparation and negotiation of Party Wall Awards (Arrangements).
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 NEWBIES GUIDE
We value that lots of people wishing to carry out works on their residential or commercial property have the requirements of The Party Wall Act thrust upon at a fairly late stage in the pre-construction procedure. We likewise understand it can be a challenging procedure for those that have not experienced it before. Here in Faulkners Surveyors, among our senior surveyors, uses his “newbies guide” which aims to provide a summary understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Act?
The Party Wall etc Act 1996 supplies a procedure to follow when building work involves a party wall or party fence wall, some excavations near to neighbouring buildings, and new walls at borders. The Act allows owners to perform certain specific works, including work to the full density of a party wall, whilst at the same time securing the interests of anybody else who might be affected by that work. The Act is created to avoid or reduce disagreements by making certain homeowner inform their neighbours in advance of specific proposed works.
The Act provides a mechanism for fixing disputes and allowing works to continue. It also needs that, where the adjoining owner does not ‘concur’ in writing to the works, a surveyor or property surveyors will figure out the time and way in which those works are carried out.
What is a party wall?
Party walls normally different structures belonging to various owners however could include garden walls built astride a limit– referred to as party fence walls. Where a wall separates two different size buildings often just the part that is utilized by both homes is a party wall, the rest comes from the individual or persons on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so consisted of because the arrangements of the Act are not limited to party walls, they likewise include party structures and party fence walls.
Section 20 of the Act specifies each:
” party fence wall” implies a wall (not being part of a building) which stands on lands of different owners and is utilized or built to be utilized for separating such adjacent lands, however does not include a wall constructed on the land of one owner the artificially formed support of which projects into the land of another owner;
” party structure” indicates a party wall and also a flooring partition or other structure separating structures or parts of structures approached entirely by different entrances or separate staircases;
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 receiving written contract of the neighbour or with a Party Wall Award prepared by a surveyor/s.
Notifiable works include (but are not limited to):.
- cutting into a wall to take the bearing of a beam, for instance for a loft conversion.
- inserting a damp proof course, even if just to your own side of a party wall.
- raising a party wall and, if essential, cutting off any objects preventing this from occurring.
- destroying and reconstructing a party wall.
- underpinning a party wall or part of a party wall.
- weathering the junction of adjoining walls or structures by cutting a flashing into an adjacent structure.
- excavating structures within 3 metres of a neighbour’s structure and lower than its foundations.
- excavating structures within 6 metres of a neighbour’s structure and below a line drawn down at 45 ° from the bottom of its foundations.
Notices are also needed if it is proposed to build a brand-new wall on the line of junction (border line). A party wall property surveyor will normally have the ability to verify which work is notifiable and recommendations the notice duration and kind of notification required.
What is not covered by the Act?
The Act relates only to certain specific types of work and is permissive in nature. It should not be viewed as a method of challenging or avoiding works and it is not meant to be applied to minor tasks that do not affect the structural integrity or loading of a party wall.
It is typically agreed that works such as repairing plug sockets, screwing in shelving or replastering walls are minor works and do not need a notification.
The operations of the Act are always instigated by the of releasing notices. This is the first stage of the process and, without the problem of legitimate notifications, no further action can be taken under the provision of the Act.
Written notification should be served on adjoining owners a minimum of 2 months before beginning any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are most likely to be instances where there is more than one adjacent home and more than one owner of each home (ie: if the adjacent home is divided into flats and owned on a leasehold basis, notifications will be required to both leaseholder and freeholder of all flats affected by the works). Works to a party wall, or those impacting a ceiling or flooring, will also require a notification to adjacent owners living above or listed below.
Valid notifications must consist of the following details as a minimum:.
- The name and address of the building owner;.
- The nature and particulars of the proposed work including plans, sections and information of building approaches.
- The date on which the proposed work will start.
It is necessary to include the correct information on a notice as, if they are considered void, then any subsequent actions are also invalid.
Reactions To Notices.
On invoice of a notice, an adjacent owner has 3 possible courses of action:.
- To consent to the works going ahead as explained. A consenting Adjoining Owner maintains all rights under the Act consisting of the right to appoint a surveyor later in the process if there is a dispute at that phase.
- To dissent and select a surveyor. The Act permits the Owners to concur in the visit of a single ‘Agreed’ property surveyor or designate their own different surveyor.
- Provide a counter notification to set out particular conditions required for the advantage of the Adjoining Owner. The Counter Notification ought to set out what additional or customized work the Adjoining Owner want to be included for his advantage.
In many cases, if the adjoining does not respond within 2 week then a deemed disagreement is stated to have actually happened and the person carrying out the work should designate a surveyor to act on the adjacent owners behalf.
If adjoining owners provide composed consent to the works as set out within the notices, then there is no disagreement to fix and no further need for party wall surveyors or, undoubtedly, the Party Wall Act. Assuming work earnings as detailed within the notification and no damage is caused, then no further involvement is necessary.
If adjacent owners dissent to the works (or if no response is received and a considered dissent has arisen) then a disagreement has taken place which must be fixed under the requirements of Section 10 of The Act. It deserves restating that the Act is one of enablement, it is not there to prevent works from happening and it provides a path to end disputes at every phase. Where composed arrangement is not given, the service the Act offers is for both parties to designate an ‘agreed property surveyor’ who will act impartially or for each owner to appoint a property surveyor who in turn select a third property surveyor. The surveyors then work together to agree the terms under which work might continue. The surveyor( s) will review the strategies, notices and structural information of the works and, after considering the impact of the works, will prepare an agreement which sets out the terms under which work can be performed (the Award).
The Party Wall Award.
The award will generally tape the condition of the relevant part of adjacent residential or commercial property prior to work begins (this is not a requirement under the Act but is considered excellent practice and is appropriately offered by a lot of excellent surveyors). The award might likewise grant access to both residential or commercial properties so that the works can be securely performed and the surveyor/s can check work in development.
Normally, the building owner who began the work pays for all expenses of work and the affordable costs incurred by all celebrations as a result, this will consist of the surveyors costs for both Building Owner and Adjoining Owner.
We value that many individuals wishing to carry out works on their residential or commercial property have the requirements of The Party Wall Act thrust upon at a reasonably late stage in the pre-construction procedure. Here, Michael White C.Build.E MCABE MFPWS, one of our senior surveyors, provides his “novices guide” which intends to offer 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 offers a treatment to follow when constructing work involves a party wall or party fence wall, some excavations close to neighbouring buildings, and new walls at limits. The Act permits owners to carry out certain specific works, consisting of work to the full density of a party wall, whilst at the exact same time securing the interests of anyone else who may be impacted by that work. Composed notice must be served on adjoining owners at least two months prior to starting any party wall works (one month for works to the line of junction or excavations).
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