We are Party Wall Surveyors specialising in party wall problems in UK. We have over twenty five years experience of working in UK, acting for experts, organizations, in addition to for people.
Each short is special, and our devoted team of party wall property surveyors is experienced in handling all manner of concerns associating with party walls. We are proud to provide a bespoke service to match the varying needs of our customers.
This website is designed to offer standard information in addition to providing you the chance to call us directly with your problems and requirements, thus allowing our professional Party Wall Surveyors to advise you accordingly.
The existing legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or foundations (consisting of piled structures).
Our team of Faulkners Surveyors Party Wall Surveyors supplies an unique specific niche service, which enables you to have the best quality service at competitively priced costs.
For additional information contact one of our Faulkners Surveyors Party Wall property 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 wanting to carry out deal with their home have the requirements of The Party Wall Act thrust upon at a fairly late phase in the pre-construction process. We likewise understand it can be a difficult process for those that have not experienced it previously. Here in Faulkners Surveyors, among our senior surveyors, provides his “newbies guide” which intends to offer an outline 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 includes a party wall or party fence wall, some excavations near to neighbouring structures, and brand-new walls at borders. The Act allows owners to perform certain specific works, consisting of work to the full thickness of a party wall, whilst at the same time securing the interests of anybody else who might be impacted by that work. The Act is created to prevent or reduce disagreements by ensuring homeowner inform their neighbours in advance of certain proposed works.
The Act offers a mechanism for dealing with disputes and allowing works to proceed. It likewise requires that, where the adjoining owner does not ‘agree’ in writing to the works, a surveyor or surveyors will determine the time and way in which those works are carried out.
What is a party wall?
Party walls generally different structures belonging to different owners however might include garden walls developed astride a boundary– referred to as party fence walls. Where a wall separates two different size buildings frequently only the part that is used by both properties 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 included due to the fact that the arrangements of the Act are not restricted to party walls, they likewise include party structures and party fence walls.
Section 20 of the Act defines each:
” party fence wall” indicates a wall (not becoming part of a building) which stands on lands of different owners and is utilized or built to be used for separating such adjoining lands, however does not consist of a wall built on the land of one owner the synthetically formed support of which projects into the land of another owner;
” party structure” implies a party wall and likewise a flooring partition or other structure separating structures or parts of structures approached solely by different entrances or different staircases;
What is covered by the Act?
There are certain products of work that you can just be done after notifying the adjoining owners and either receiving written agreement 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.
- placing a damp evidence course, even if only to your own side of a party wall.
- raising a party wall and, if required, cutting off any objects avoiding this from occurring.
- reconstructing a party and demolishing wall.
- underpinning a party wall or part of a party wall.
- weathering the junction of adjacent walls or buildings by cutting a flashing into an adjoining structure.
- excavating foundations within 3 metres of a neighbour’s structure and lower than its foundations.
- excavating structures within 6 metres of a neighbour’s structure and listed below a line drawn down at 45 ° from the bottom of its foundations.
If it is proposed to construct a new wall on the line of junction (boundary line), notifications are also needed. A party wall surveyor will generally be able to confirm which work is notifiable and guidance the notice period and kind of notification required.
What is not covered by the Act?
The Act relates just to certain specific kinds of work and is liberal in nature. It should not be viewed as a method of challenging or preventing 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 fixing plug sockets, screwing in shelving or replastering walls are small works and do not need a notice.
The workings of the Act are always instigated by the of providing notifications. This is the first stage of the procedure and, without the issue of valid notifications, no additional action can be taken under the provision of the Act.
Written notice must be served on adjacent 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 need to be served a notification and there are likely to be circumstances where there is more than one adjoining property and more than one owner of each home (ie: if the adjacent residential or commercial property 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). Works to a party wall, or those impacting a ceiling or floor, will likewise require a notice to adjacent owners living above or listed below.
Legitimate notices must contain the following information as a minimum:.
- The name and address of the structure owner;.
- The nature and details of the proposed work consisting of strategies, sections and details of building and construction methods.
- The date on which the proposed work will begin.
It is necessary to include the proper details on a notification as, if they are deemed void, then any subsequent actions are likewise void.
Reactions To Notifications.
On receipt of a notification, an adjacent owner has 3 possible courses of action:.
- To consent to the works going on as explained. If there is a dispute at that stage, a consenting Adjacent Owner maintains all rights under the Act consisting of the right to designate a property surveyor later in the procedure.
- To dissent and appoint a surveyor. The Act permits the Owners to concur in the visit of a single ‘Agreed’ surveyor or designate their own separate property surveyor.
- Provide a counter notice to set out specific conditions needed for the benefit of the Adjoining Owner. The Counter Notice ought to set out what additional or customized work the Adjoining Owner want to be included for his benefit.
For the most part, if the adjacent does not react within 2 week then a considered dispute is said to have happened and the person carrying out the work must designate a property surveyor to act on the adjoining owners behalf.
If adjoining owners supply written consent to the works as set out within the notices, then there is no conflict to deal with and no further need for party wall surveyors or, undoubtedly, the Party Wall Act. Presuming work profits as detailed within no damage and the notification is caused, then no additional participation is required.
The surveyors then work together to agree the terms under which work might continue. The property surveyor( s) will review the strategies, notifications and structural information of the works and, after considering the effect of the works, will draw up a contract which sets out the terms under which work can be brought out (the Award).
The Party Wall Award.
The award will usually record the condition of the pertinent part of adjacent residential or commercial property before work begins (this is not a requirement under the Act but is considered good practice and is appropriately supplied by many excellent property surveyors). The award may also give access to both properties so that the works can be safely performed and the surveyor/s can examine work in progress.
Typically, the structure owner who started the work pays for all costs of work and the sensible expenses incurred by all celebrations as a result, this will consist of the property surveyors costs for both Building Owner and Adjoining Owner.
We appreciate that many people wanting to bring out works on their home have the requirements of The Party Wall Act thrust upon at a fairly late phase in the pre-construction procedure. Here, Michael White C.Build.E MCABE MFPWS, one of our senior surveyors, offers his “novices guide” which aims to provide an outline 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 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 certain specific works, including work to the complete thickness of a party wall, whilst at the 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 2 months prior to starting any party wall works (one month for works to the line of junction or excavations).
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