Faulkners Surveyors As qualified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every aspect required to recommend upon and resolve Party Wall concerns, such as:
- Preparing and serving legitimate Party Wall Notices
- Acting as the Building Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and negotiation of Party Wall Awards
All our Party Wall Surveyors are professionals and work in accordance with the policies set down by the Faculty of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to adhere to this legislation may result in works being unlawful.
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 value that many individuals wanting to perform works on their 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 an overwhelming procedure for those that have actually not experienced it in the past. Here in Faulkners Surveyors, among our senior surveyors, uses his “beginners 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 provides a treatment to follow when constructing work involves a party wall or party fence wall, some excavations near to neighbouring buildings, and brand-new walls at borders. The Act allows owners to perform particular specific works, including work to the full thickness of a party wall, whilst at the same time safeguarding the interests of anyone else who might be impacted by that work. The Act is created to avoid or reduce disagreements by making sure homeowner inform their neighbours in advance of particular proposed works.
The Act supplies a mechanism for solving disagreements and making it possible for works to continue. It likewise requires that, where the adjacent owner does not ‘concur’ in writing to the works, a surveyor or property surveyors will figure out the time and method which those works are carried out.
What is a party wall?
Party walls generally different structures belonging to different owners however could include garden walls developed astride a border– known as party fence walls. Where a wall separates 2 different size buildings typically just the part that is used by both residential or commercial properties is a party wall, the rest comes from the individual or persons on whose land it stands.
The “etc” within The Party Wall etc Act 1996 is so consisted of due to the fact that the arrangements of the Act are not restricted to party walls, they also include party structures and party fence walls.
Section 20 of the Act specifies each:
” party fence wall” implies a wall (not being part of a structure) which bases on lands of different owners and is used or built 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 projects into the land of another owner;
” party structure” means a party wall and likewise a floor partition or other structure separating buildings or parts of buildings approached solely by different staircases or separate entryways;
What is covered by the Act?
There are particular products of work that you can only be done after notifying the adjacent owners and either receiving written agreement of the neighbour or with a Party Wall Award prepared by a surveyor/s.
Notifiable works include (however 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 necessary, cutting off any objects preventing this from occurring.
- demolishing and rebuilding a party wall.
- underpinning a party wall or part of a party wall.
- weathering the junction of adjacent walls or structures by cutting a flashing into an adjoining building.
- excavating structures within 3 metres of a neighbour’s structure and lower than its structures.
- excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45 ° from the bottom of its structures.
Notifications are likewise needed if it is proposed to build a new wall on the line of junction (boundary line). A party wall property surveyor will generally have the ability to validate which work is notifiable and recommendations the notification duration and kind of notice needed.
What is not covered by the Act?
The Act relates just to particular particular types of work and is permissive in nature. It ought to not be seen as a technique of challenging or preventing works and it is not meant to be applied to small tasks that do not affect the structural stability or loading of a party wall.
It is usually concurred that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not need a notification.
The functions of the Act are constantly initiated by the of releasing notices. This is the first stage of the procedure and, without the problem of valid notifications, no additional action can be taken under the arrangement of the Act.
Composed notification 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). All adjacent owners need to be served a notification and there are most likely to be circumstances where there is more than one adjoining residential or commercial property and more than one owner of each property (ie: if the adjacent residential or commercial property is divided into flats and owned on a leasehold basis, notifications will be required 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 notification to adjoining owners living above or below.
Legitimate notifications need to contain the following information as a minimum:.
- The name and address of the building owner;.
- The nature and particulars of the proposed work including plans, sections and details of building and construction methods.
- The date on which the proposed work will start.
It is important to consist of the appropriate information on a notification as, if they are deemed void, then any subsequent actions are likewise invalid.
Actions To Notices.
On invoice of a notice, an adjacent owner has three possible courses of action:.
- To grant the works going ahead as described. If there is a disagreement at that stage, a consenting Adjacent Owner keeps all rights under the Act consisting of the right to select a property surveyor later on in the process.
- To dissent and select a property surveyor. The Act permits the Owners to concur in the visit of a single ‘Agreed’ property surveyor or select their own separate property surveyor.
- Issue a counter notification to set out specific conditions needed for the advantage of the Adjoining Owner. The Counter Notice should set out what additional or modified work the Adjoining Owner want to be included for his advantage.
If the adjacent does not respond within 14 days then a considered dispute is said to have actually taken place and the person carrying out the work must appoint a property surveyor to act on the adjoining owners behalf.
If adjacent owners supply written grant the works as set out within the notices, then there is no dispute to deal with and no further requirement for party wall surveyors or, undoubtedly, the Party Wall Act. Assuming work proceeds as detailed within the notification and no damage is triggered, then no more involvement is required.
If adjacent owners dissent to the works (or if no reaction is received and a deemed dissent has actually occurred) then a disagreement has occurred which should be fixed under the requirements of Section 10 of The Act. It deserves restating that the Act is among enablement, it is not there to prevent works from happening and it uses a route to end disagreements at every phase. Where composed arrangement is not given, the option the Act offers is for both parties to select an ‘concurred surveyor’ who will act impartially or for each owner to designate a surveyor who in turn designate a third surveyor. The surveyors then work together to agree the terms under which work might proceed. The property surveyor( s) will examine the strategies, notices and structural information of the works and, after thinking about the impact of the works, will draw up a contract which sets out the terms under which work can be performed (the Award).
The Party Wall Award.
The award will usually tape-record the condition of the appropriate part of adjacent property prior to work starts (this is not a requirement under the Act but is considered excellent practice and is properly offered by most excellent property surveyors). The award may also approve access to both residential or commercial properties so that the works can be securely carried out and the surveyor/s can check work in development.
Usually, the building owner who started the work spends for all expenditures of work and the affordable costs sustained by all parties as a result, this will consist of the property surveyors costs for both Structure Owner and Adjoining Owner.
We appreciate that lots of people wanting to bring out works on their property 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 property surveyors, provides his “beginners guide” which aims to offer 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 provides a treatment to follow when constructing work involves a party wall or party fence wall, some excavations close to neighbouring structures, and new walls at limits. The Act permits owners to carry out particular specific works, including work to the full thickness of a party wall, whilst at the very same time protecting the interests of anybody else who may be impacted by that work. Composed notice needs to be served on adjacent 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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