We are Party Wall Surveyors specialising in party wall issues in UK. We have more than twenty five years experience of working in UK, acting for experts, businesses, in addition to for individuals.
Each short is special, and our dedicated team of party wall surveyors is experienced in dealing with all manner of issues connecting to party walls. We are proud to use a bespoke service to match the differing needs of our customers.
This site is created to supply basic details as well as using you the opportunity to call us directly with your problems and requirements, thus allowing our specialist Party Wall Surveyors to advise you appropriately.
The existing legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or foundations (including stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors provides a distinct specific niche service, which allows you to have the best quality service at competitively priced charges.
For additional information contact among 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.
Party Wall Act
The Party Wall and so on. Act 1996 is an enabling Act, insofar as it approves the owner of a property the legal right to undertake specific works that may otherwise make up trespass or nuisance.
It also looks for to secure the interests of adjacent owners from any potentially unfavorable effects that such works may have by imposing a requirement that all adjoining owners be provided prior notification of them.
In addition, the Act offers a necessary conflict resolution treatment moderated by a statutorily designated surveyor or surveyors if neighbouring owners have issues about the application of any proposal so informed.
Particularly, such notification should be served where the owner of a residential or commercial property (called ‘the building owner’) plans to carry out any construction work explained in Sections 1, 2 and 6 of the Act. Note that it is just those works that are covered by the Act and the scope is restricted to the following:
- Area 1 uses where it is proposed to erect a brand-new wall at a border that is not already built on.
- Area 2 issues existing party structures, that include party partitions, floorings and walls (that different buildings or parts of buildings), party fence walls (basically a boundary wall in between lands in different ownership which is constructed astride a boundary) and, in some instances, a neighbour’s independent property.
- Area 6 can apply to excavations up to 6 m far from a building or structure on neighbouring land, subject to depth requirements which the Act sets out.
The details that Sees should provide in regard of works covered the above sections is various in each case. The requirements of Section 1 and Area 6 Notifications are set out in those areas however the requirements of a Notice relating to Section 2 works is set out in Section 3 of the Act. It is very important to keep in mind that the validity of any notice not supplying all the relevant details or served in the inaccurate way, could be available to challenge in Court.
There is no standard form of Notice although many individuals utilize those published by the RICS or variations appended to the explanatory booklet issued by the Department for Communities and Local Government. Provided all the details needed by the relevant area of the Act is present, a simple letter would be similarly legitimate.
Depending on the scenarios of any offered task there might be more than one adjoining owner on whom notice requirements to be served in regard of the exact same work and, in the case of deep excavations, an Adjoining Owner might be aside from an immediate neighbour. It is always more suitable to talk about the designated deal with adjoining owners before serving them with formal written notice – a proposition well discussed might ease concerns enough to prevent a dispute emerging and avoid the need to appoint surveyors.
There are two exceptions where the need to serve notice might be avoided:
- De minimis works: The government’s explanatory brochure says that some works on a party wall might be so small that service of notification under the Act would be generally regarded as not needed and give as examples works unlikely to affect the structural strength or assistance functions of a party structure or trigger damage to the neighbours side of it, such as re-plastering, shallow chasing for electrical circuitry or inserting power sockets, and screws to support shelves, kitchen area cupboards, and so on.
- Works under Section 2 of the Act offered that written consent is gotten from all Adjoining Owners and Occupiers prior to work commences.
The three kinds of Notice are understood, respectively as:
- Area 1: Line of Junction Notification
- Section 3 (for S2 works): Party Structure Notification
- Section 6: Notification of Adjacent Excavation
A party structure notification should be served a minimum of two months before the date on which it is proposed to start that work. The other 2 notifications must be served a minimum of one month prior to work commencing.
The compulsory info which Notices must consist of are as follows:
- Line of Junction Notification:
- A sign of the structure owner’s desire to construct a wall.
- A description of the wall.
- Party Structure Notification:
- The name and address of the building owner.
- The nature and details of the proposed work.
- The date on which the proposed work will begin.
- Notification of Adjacent Excavation:
- An indicator of the building owner’s proposals.
- A statement regarding whether the building owner proposes to underpin or otherwise reinforce or safeguard the structures of the building or structure of the adjoining owner.
- Accompanying strategies and sections revealing: a) the site and depth of any excavation the structure owner proposes to make; b) if he proposes to set up a building or structure, its site.
Most of the pro-forma notifications in use consist of the following details as a matter of course regardless of the type of notice:
- The date of the notice.
- If various), the name and addresses of both the structure and adjacent owners (and the addresses of the homes being worked on/affected.
- A statement as to the start of works relative to the proper notice duration.
- If the recipient actively dissents from the works or stops working to react within 14 days, an advisory note describing what takes place.
Area 10 of the Act specifies that where an adjoining owner does not authorization in writing to works informed by the structure owner under Areas 3 and 6, both celebrations should either settle on the visit of a single property surveyor to act for both of them (called the Agreed Property Surveyor), or each select their own surveyor, to identify by award matters in dispute between the celebrations.
Where a task is straightforward, this may just involve factor to consider of the time and manner in which those works are to be performed. In more complex schemes, believed will have to be offered to a commensurately greater number of elements and certainly selected surveyors have the statutory jurisdiction to make an award in respect of any matter gotten in touch with any work to which the act relates.
The exact same treatment is utilized to deal with any subsequent disagreements in between neighbouring owners that might develop in relation to the alerted works, consisting of any loss or damage suffered by an adjacent owner as a result of their execution.
Inaction on the part of the adjacent owner does not stop the statutory procedure. A conflict can arise by an adjacent owner actively dissenting, that is, interacting to the structure owner an objection in respect of some matter developing out of or incidental to the works – the means of making that objection are trivial, however if he stays quiet, neither consenting nor dissenting for a period of 14 days after having been served with a Notice under either Section 3 or Area 6, the Act deems a dissent to have emerged in any event.
There is no deemed dissent arrangement in Area 1 of the Act. A valid dispute can still emerge, and property surveyors be appointed in accordance with Area 10, in regard of works informed under that section but just as concerns actual dissent on particular premises. An adjoining owner’s factors for disputing Area 2 and Section 6 works are hardly ever defined prior to the visit of property surveyors and in a lot of cases not even then.
Where dissent has actually emerged, whether actual or deemed, both owners are lawfully required to select a concurred property surveyor or, if they can not collectively settle on a single person, a property surveyor each and if requested to make such an appointment by the other party, should do so within 10 days of the request being served. Failure to comply, immediately offers the owner making the request the statutory authority to select a surveyor on behalf of the recalcitrant party. This procedure is set out in section 10( 4) of the Act.
Where 2 property surveyors are designated, they are required to agree upon the choice, in composing, of a third surveyor who may be hired by either of the surveyors or either of the celebrations to figure out the contested matters and make the essential award. The 3rd surveyor is never appointed by anyone however the Act gives the person so chose the very same statutory powers as the two property surveyors.
3rd surveyors are most typically hired where the two surveyors have actually reached a deadlock in their deliberations over some specific point and frequently this can be in regard on the reasonableness of the fees of the surveyor designated by the adjacent owner. Rarely will a 3rd surveyor be asked to draw up an award in regard of the entire works but might accompany one or other of the two surveyors to do so if the need develops.
There is no definition of who can be a surveyor, but it needs to not be the same individual that will supervise the works.
The award will set out the works that can be performed, who will pay the charges for the preparation of the award and evaluation of the works to guarantee that they comply with the works, and who will spend for the works. If the work is exclusively for the advantage of the building owner, then they will typically be needed to pay the costs and the expense of the works.
Celebrations have 2 week to appeal to the county court if they disagree with the award.
The Act permits access to the adjacent home for the functions of carrying out the works whether the adjoining owner allows or not, nevertheless they must be provided 14 days notification.
NB: The introduction of The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 suggests that from 6 April 2016, notices and other documents can be served by electronic communications.
The information that Sees should supply in regard of works covered the above sections is various in each case. The requirements of Section 1 and Section 6 Notices are set out in those areas but the requirements of a Notice relating to Area 2 works is set out in Section 3 of the Act. A legitimate disagreement can still emerge, and surveyors be selected in accordance with Area 10, in regard of works informed under that section however only as concerns real dissent on specific grounds. An adjacent owner’s reasons for contesting Area 2 and Section 6 works are hardly ever specified prior to the visit of surveyors and in many cases not even then.
Where dissent has arisen, whether real or deemed, both owners are legally required to appoint a concurred property surveyor or, if they can not collectively concur on a single person, a property surveyor each and if requested to make such a visit by the other party, need to do so within 10 days of the request being served.
Around the Web