We are Party Wall Surveyors specialising in party wall issues in UK. We have more than twenty five years experience of operating in UK, acting for professionals, businesses, as well as for people.
Each brief is unique, and our devoted group of party wall surveyors is experienced in handling all manner of issues associating with party walls. We are proud to use a bespoke service to match the differing requirements of our clients.
This website is developed to offer basic information along with offering you the chance to contact us straight with your problems and requirements, thus allowing our expert Party Wall Surveyors to advise you appropriately.
The current legislation handling party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or foundations (including piled structures).
Our group of Faulkners Surveyors Party Wall Surveyors offers a special specific niche service, which enables you to have the very best quality service at competitively priced charges.
To learn more contact among 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.
THE PARTY WALL ACT 1996- A NEWBIES GUIDE
We appreciate that many individuals wishing to perform deal with their residential or commercial property have the requirements of The Party Wall Act thrust upon at a fairly late phase in the pre-construction procedure. We also comprehend it can be a complicated procedure for those that have not experienced it before. Here in Faulkners Surveyors, one of our senior property surveyors, offers his “novices guide” which intends 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 treatment to follow when developing work involves a party wall or party fence wall, some excavations near neighbouring structures, and brand-new walls at boundaries. The Act permits owners to carry out particular particular works, consisting of work to the full thickness of a party wall, whilst at the same time protecting the interests of anyone else who might be impacted by that work. The Act is designed to prevent or minimise disagreements by making certain homeowner alert their neighbours in advance of certain proposed works.
The Act supplies a mechanism for resolving disagreements and enabling works to continue. It likewise requires that, where the adjacent owner does not ‘concur’ in writing to the works, a property surveyor or property surveyors will determine the time and method which those works are performed.
What is a party wall?
Party walls normally separate buildings belonging to various owners however might consist of garden walls constructed astride a boundary– called party fence walls. Where a wall separates 2 various size structures typically just the part that is used by both homes is a party wall, the rest belongs to the individual 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.
Section 20 of the Act defines each:
” party fence wall” suggests a wall (not becoming part of a building) which bases on lands of different owners and is utilized or constructed to be used for separating such adjacent lands, however does not consist of a wall built on the land of one owner the artificially formed support of which tasks into the land of another owner;
” party structure” suggests a party wall and likewise a flooring partition or other structure separating buildings or parts of structures approached exclusively by different entrances or different staircases;
What is covered by the Act?
There are certain items of work that you can only be done after alerting the adjacent 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 example for a loft conversion.
- inserting a moist proof course, even if just to your own side of a party wall.
- raising a party wall and, if necessary, cutting off any things 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 building.
- excavating foundations within three 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 develop a brand-new wall on the line of junction (limit line). A party wall surveyor will usually be able to verify which work is notifiable and advice the notice period and kind of notification required.
What is not covered by the Act?
The Act relates only to particular specific kinds of work and is liberal in nature. It must not be seen as a method of challenging or avoiding works and it is not meant to be applied to small tasks that do not affect the structural integrity or loading of a party wall.
It is normally agreed that works such as repairing plug sockets, screwing in shelving or replastering walls are small 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 procedure and, without the concern of valid notifications, no further action can be taken under the arrangement of the Act.
Composed notification should be served on adjoining owners at least two months before starting 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 circumstances where there is more than one adjacent home and more than one owner of each residential or commercial property (ie: if the adjacent residential or commercial property 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 flooring, will likewise require a notice to adjoining owners living above or listed below.
Legitimate notifications must contain the following information 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 building approaches.
- The date on which the proposed work will start.
It is important to consist of the right details on a notification as, if they are deemed void, then any subsequent actions are also invalid.
Reactions To Notices.
On receipt of a notice, an adjoining owner has 3 possible courses of action:.
- To consent to the works going ahead as described. If there is a disagreement at that stage, a consenting Adjoining Owner keeps all rights under the Act including the right to select a property surveyor later on in the procedure.
- To dissent and designate a property surveyor. The Act permits the Owners to concur in the visit of a single ‘Agreed’ surveyor or appoint their own different property surveyor.
- Provide a counter notification to set out specific conditions needed for the benefit of the Adjoining Owner. The Counter Notification need to set out what extra or customized work the Adjoining Owner wish to be included for his benefit.
If the adjacent does not react within 14 days then a considered conflict is said to have actually occurred and the person bring out the work needs to select a surveyor to act on the adjoining owners behalf.
If adjacent owners supply written consent to the works as set out within the notifications, then there is no disagreement to solve and no further need for party wall surveyors or, certainly, the Party Wall Act. Presuming work profits as detailed within the notice and no damage is caused, then no further participation is necessary.
The surveyors then work together to agree the terms under which work might continue. The property surveyor( s) will examine the plans, notifications and structural details of the works and, after thinking about the impact of the works, will draw up an arrangement which sets out the terms under which work can be carried out (the Award).
The Party Wall Award.
The award will typically tape the condition of the pertinent part of adjoining residential or commercial property before work begins (this is not a requirement under the Act but is considered excellent practice and is duly supplied by most great property surveyors). The award might also approve access to both homes so that the works can be securely performed and the surveyor/s can inspect work in progress.
Usually, the building owner who started the work pays for all expenditures of work and the sensible expenses sustained by all celebrations as a result, this will consist of the surveyors fees for both Building Owner and Adjoining Owner.
We value that many individuals wanting to carry out works on their home have the requirements of The Party Wall Act thrust upon at a reasonably late stage in the pre-construction process. Here, Michael White C.Build.E MCABE MFPWS, one of our senior property surveyors, offers his “newbies guide” which intends to supply a summary understanding of party walls and the requirements of the Party Wall Act …
What is the Party Wall Celebration?
The Party Wall etc Act 1996 offers a treatment to follow when developing work includes a party wall or party fence wall, some excavations close to neighbouring buildings, and brand-new walls at boundaries. The Act permits owners to carry out particular specific works, consisting of work to the complete density of a party wall, whilst at the same time protecting the interests of anybody else who might be impacted by that work. Written notice should be served on adjoining owners at least two months before beginning any party wall works (one month for works to the line of junction or excavations).
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