The Faulkners Surveyors is a professional Chartered Structure Surveying Practice that runs throughout UK. The Faulkners Surveyors undertakes all aspects of the Party Wall etc. Act 1996 and provides the following services:
Neutral guidance on all Party Wall Matters
Pre-commencement appraisals
Preparation and service of valid Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjacent Owners or Building Owners
Acting as the Agreed Party Wall Property Surveyor
Undertaking Schedules of Condition surveys
Preparation and negotiation of Party Wall Awards (Contracts).
Party Wall (WikiPedia)
THE PARTY WALL ACT 1996- A NOVICES GUIDE
We appreciate that many individuals wishing to perform works on their property have the requirements of The Party Wall Act thrust upon at a fairly late stage in the pre-construction process. We also understand it can be an overwhelming process for those that have actually not experienced it in the past. Here in Faulkners Surveyors, among our senior surveyors, provides his “beginners guide” which aims 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 supplies a procedure to follow when developing work includes a party wall or party fence wall, some excavations near to neighbouring buildings, and new walls at boundaries. The Act allows owners to perform certain particular works, consisting of work to the full density of a party wall, whilst at the same time securing the interests of anyone else who might be affected by that work. The Act is designed to prevent or minimise disputes by ensuring homeowner inform their neighbours in advance of particular proposed works.
The Act provides a mechanism for resolving disagreements and enabling works to proceed. It likewise needs that, where the adjoining owner does not ‘agree’ in writing to the works, a property surveyor or surveyors will determine the time and way in which those works are performed.
What is a party wall?
Party walls normally separate buildings belonging to various owners but might include garden walls constructed astride a border– known as party fence walls. Where a wall separates two different size structures typically only the part that is utilized 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 restricted to party walls, they likewise include party structures and party fence walls.
Area 20 of the Act defines each:
” party fence wall” indicates a wall (not belonging to a structure) which stands on lands of various owners and is used or constructed to be utilized for separating such adjoining lands, however does not include a wall built on the land of one owner the synthetically formed assistance of which jobs into the land of another owner;
” party structure” indicates a party wall and also a floor partition or other structure separating structures or parts of buildings approached solely by separate staircases or separate entryways;
What is covered by the Act?
There are certain products of work that you can just be done after notifying the adjacent owners and either receiving written arrangement of the neighbour or with a Party Wall Award prepared by a surveyor/s.
Notifiable works include (however are not restricted to):.
- cutting into a wall to take the bearing of a beam, for example for a loft conversion.
- placing a moist proof course, even if only to your own side of a party wall.
- raising a party wall and, if essential, cutting off any things avoiding 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 buildings by cutting a flashing into an adjacent structure.
- excavating foundations within three metres of a neighbour’s structure and lower than its foundations.
- excavating foundations within 6 metres of a neighbour’s structure and below a line drawn down at 45 ° from the bottom of its foundations.
Notices are likewise required if it is proposed to build a brand-new wall on the line of junction (border line). A party wall property surveyor will usually be able to confirm which work is notifiable and recommendations the notification duration and type of notification needed.
What is not covered by the Act?
The Act relates just to particular specific kinds of work and is liberal in nature. It should not be viewed as a technique of challenging or preventing works and it is not meant to be applied to small jobs that do not affect the structural integrity or loading of a party wall.
It is usually concurred that works such as fixing plug sockets, screwing in shelving or replastering walls are small works and do not need a notice.
Notices.
The workings of the Act are constantly instigated by the of providing notifications. This is the first stage of the procedure and, without the problem of legitimate notices, no further action can be taken under the arrangement of the Act.
Written notice should be served on adjoining owners a minimum of two months prior to starting any party wall works (one month for works to the line of junction or excavations). All adjacent owners should be served a notice and there are most likely to be instances where there is more than one adjacent property and more than one owner of each residential or commercial property (ie: if the adjacent home is divided into flats and owned on a leasehold basis, notifications will be needed to both leaseholder and freeholder of all flats impacted by the works). Works to a party wall, or those affecting a ceiling or floor, will likewise need a notice to adjacent owners living above or below.
Valid notices must contain the following details as a minimum:.
- The name and address of the structure owner;.
- The nature and particulars of the proposed work consisting of plans, areas and details of building and construction approaches.
- The date on which the proposed work will begin.
It is important to consist of the appropriate details on a notice as, if they are deemed invalid, then any subsequent actions are also void.
Responses To Notices.
On receipt of a notification, an adjoining owner has three possible strategies:.
- To consent to the works going ahead as described. If there is a conflict at that phase, a consenting Adjacent Owner maintains all rights under the Act including the right to designate a surveyor later on in the process.
- To dissent and select a property surveyor. The Act permits the Owners to concur in the consultation of a single ‘Agreed’ surveyor or appoint their own separate property surveyor.
- Provide a counter notice to set out specific conditions required for the benefit of the Adjoining Owner. The Counter Notice need to set out what extra or modified work the Adjoining Owner wish to be included for his advantage.
If the adjoining does not respond within 14 days then a considered disagreement is stated to have actually happened and the individual carrying out the work must designate a property surveyor to act on the adjacent owners behalf.
If adjoining owners supply composed consent to the works as set out within the notifications, then there is no dispute to deal with and no more need for party wall surveyors or, indeed, the Party Wall Act. Presuming work profits as detailed within the notice and no damage is caused, then no additional involvement is needed.
Handling Disputes.
The surveyors then work together to concur the terms under which work might continue. The surveyor( s) will evaluate the strategies, notices and structural information of the works and, after considering the effect of the works, will draw up an agreement which sets out the terms under which work can be brought out (the Award).
The Party Wall Award.
The award will typically record the condition of the pertinent part of adjacent home prior to work starts (this is not a requirement under the Act however is thought about excellent practice and is appropriately provided by many excellent property surveyors). The award may likewise approve access to both homes so that the works can be safely carried out and the surveyor/s can examine operate in progress.
Typically, the structure owner who started the work spends for all costs of work and the reasonable costs incurred by all celebrations as a result, this will consist of the surveyors charges for both Building Owner and Adjoining Owner.
We appreciate that many individuals wanting to bring out works on their home have the requirements of The Party Wall Act thrust upon at a fairly late stage in the pre-construction process. Here, Michael White C.Build.E MCABE MFPWS, one of our senior property surveyors, offers 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 Celebration?
The Party Wall etc Act 1996 supplies a procedure to follow when developing work includes a party wall or party fence wall, some excavations close to neighbouring structures, and brand-new walls at borders. The Act allows owners to bring out particular specific works, consisting of work to the full density of a party wall, whilst at the exact same time protecting the interests of anybody else who may be affected by that work. Composed notice needs to 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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