The Faulkners Surveyors is a specialist Chartered Structure Surveying Practice that operates throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall etc. Act 1996 and supplies the following services:
Impartial guidance on all Party Wall Matters
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjoining Owners or Structure Owners
Acting as the Agreed Party Wall Property Surveyor
Undertaking Schedules of Condition studies
Preparation and settlement of Party Wall Awards (Agreements).
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 BEGINNERS GUIDE
We appreciate that lots of people wanting to carry out deal with their property have the requirements of The Party Wall Act thrust upon at a relatively late phase in the pre-construction process. We likewise comprehend it can be a challenging process for those that have not experienced it in the past. Here in Faulkners Surveyors, among our senior property surveyors, provides his “novices guide” which intends to supply 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 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 allows owners to perform particular specific works, consisting of 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 designed to prevent or minimise disagreements by ensuring property owners notify their neighbours in advance of specific proposed works.
The Act provides a mechanism for resolving conflicts and enabling works to continue. It likewise requires that, where the adjoining owner does not ‘concur’ in writing to the works, a surveyor or surveyors will determine the time and way in which those works are performed.
What is a party wall?
Party walls usually different structures coming from various owners but could include garden walls constructed astride a limit– known as party fence walls. Where a wall separates 2 different size buildings typically only the part that is utilized by both residential or commercial properties is a party wall, the rest belongs to the person or individuals on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so included because the arrangements of the Act are not limited to party walls, they also consist of party structures and party fence walls.
Area 20 of the Act defines each:
” party fence wall” means a wall (not belonging to a structure) which bases on lands of different owners and is used or built to be utilized for separating such adjacent lands, however does not consist of a wall built on the land of one owner the synthetically formed assistance of which projects into the land of another owner;
” party structure” indicates a party wall and also a floor partition or other structure separating buildings or parts of buildings approached exclusively by separate staircases or different entrances;
What is covered by the Act?
There are particular products of work that you can only be done after alerting 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 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 just to your own side of a party wall.
- raising a party wall and, if needed, cutting off any items preventing this from happening.
- demolishing 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 adjoining building.
- excavating structures within three metres of a neighbour’s structure and lower than its structures.
- excavating structures within 6 metres of a neighbour’s structure and listed below a line drawn down at 45 ° from the bottom of its structures.
Notifications are also needed if it is proposed to build a new wall on the line of junction (limit line). A party wall surveyor will typically have the ability to validate which work is notifiable and suggestions the notice period and kind of notice required.
What is not covered by the Act?
The Act relates only to certain particular types of work and is permissive in nature. It ought to not be seen as an approach of challenging or avoiding works and it is not intended to be applied to minor tasks that do not impact the structural integrity or loading of a party wall.
It is generally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not require a notice.
The operations of the Act are constantly prompted by the of providing notifications. This is the first stage of the process and, without the concern of valid notices, no more action can be taken under the provision of the Act.
Composed notice should be served on adjoining owners at least 2 months prior to starting any party wall works (one month for works to the line of junction or excavations). All adjacent owners must be served a notice and there are likely to be circumstances where there is more than one adjoining home and more than one owner of each home (ie: if the adjacent home is split into flats and owned on a leasehold basis, notices will be required to both leaseholder and freeholder of all flats affected by the works). Functions to a party wall, or those affecting a ceiling or floor, will also need a notification to adjoining owners living above or below.
Legitimate notifications need to consist of the following info as a minimum:.
- The name and address of the building owner;.
- The nature and particulars of the proposed work consisting of strategies, sections and information of construction techniques.
- The date on which the proposed work will start.
It is important to include the right details on a notification as, if they are deemed invalid, then any subsequent actions are likewise void.
Responses To Notifications.
On receipt of a notification, an adjoining owner has 3 possible strategies:.
- To grant the works going on as described. A consenting Adjacent Owner keeps all rights under the Act consisting of the right to select a surveyor later at the same time if there is a dispute at that stage.
- To dissent and appoint a surveyor. The Act allows the Owners to concur in the appointment of a single ‘Agreed’ property surveyor or select their own separate surveyor.
- Issue a counter notification to set out particular conditions required for the advantage of the Adjoining Owner. The Counter Notice must set out what extra or customized work the Adjoining Owner would like to be included for his advantage.
If the adjacent does not react within 14 days then a considered dispute is stated to have actually happened and the individual carrying out the work needs to select a property 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 conflict to fix and no further requirement for party wall property surveyors or, certainly, the Party Wall Act. Assuming work profits as detailed within the notice and no damage is caused, then no more involvement is required.
If adjacent owners dissent to the works (or if no response is gotten and a deemed dissent has developed) then a dispute has actually occurred which should be dealt with under the requirements of Area 10 of The Act. It is worth repeating that the Act is one of enablement, it is not there to prevent works from happening and it offers a route to end disagreements at every phase. Where composed arrangement is not provided, the option the Act offers is for both parties to appoint an ‘concurred surveyor’ who will act impartially or for each owner to select a property surveyor who in turn appoint a 3rd surveyor. The property surveyors then work together to agree the terms under which work might continue. The surveyor( s) will examine the plans, notifications and structural details of the works and, after thinking about the impact of the works, will prepare a contract which sets out the terms under which work can be carried out (the Award).
The Party Wall Award.
The award will generally tape the condition of the relevant part of adjacent property before work starts (this is not a requirement under the Act however is considered excellent practice and is properly provided by most good surveyors). The award may also grant access to both residential or commercial properties so that the works can be safely carried out and the surveyor/s can check operate in progress.
Generally, the building owner who began the work spends for all expenditures of work and the sensible costs incurred by all parties as a result, this will include the property surveyors charges for both Structure Owner and Adjoining Owner.
We appreciate that lots of people wanting to bring out works on their residential or commercial property have the requirements of The Party Wall Act thrust upon at a fairly late phase 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 supply an outline 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 building work involves a party wall or party fence wall, some excavations close to neighbouring buildings, and new walls at boundaries. The Act allows owners to carry out particular particular works, consisting of work to the full thickness of a party wall, whilst at the very same time safeguarding the interests of anybody else who may be affected by that work. Written notice needs to be served on adjoining owners at least 2 months prior to beginning any party wall works (one month for works to the line of junction or excavations).
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