Ensure Property Safety with our Expert Party Wall Surveyors
Drawing on our wide range of local knowledge, expertise, and extensive resources, we offer top-notch Party Wall advice, guaranteeing you dependable guidance and peace of mind.
We’ll deal with all Party Wall matters for you, including:
Notices
We handle the careful preparation and timely delivery of all essential Party Wall Notices, ensuring that each step of the notification process is carried out meticulously and in full compliance with the Party Wall Act.
Awards
We create detailed Party Wall Awards, encompassing essential agreements and specifics related to your construction project and neighboring properties. This process ensures accurate representation of negotiated terms, allowing a smooth experience for all involved parties.
Schedule of Condition
We produce detailed Schedules of Conditions to provide you with a complete and accurate record. This serves as valuable protection in the unlikely event of any damage occurring, ensuring you have evidence of your original property condition.
What is Party Wall?
The Party Wall etc Act 1996 establishes a structured approach to prevent and address conflicts concerning party walls, boundary walls, and nearby excavations in relation to neighboring buildings. When a building owner intends to undertake work covered by the Act, they are obliged to notify adjoining owners about their plans, following the Act’s prescribed procedure. Adjoining owners can either agree or disagree with the proposed work, with a clear mechanism outlined in the Act to handle disagreements.
The scope of the Act covers a range of works, including loft conversions involving modifications to boundary walls, underpinning, damp-proof course installations, and extending above a storey that lies on the boundary. In cases of dissent from neighboring owners, the building owner must serve a notice and seek consent. This can be intricate, especially in multi-owner properties like flats, and is typically handled by a Party Wall Surveyor. If consent is granted, the work can proceed. In cases of dissent, the adjoining owner can appoint their surveyor, and both Party Wall Surveyors work together to create the Party Wall Award, which may involve a third surveyor to mediate disputes. Alternatively, a single Agreed Surveyor can act for both owners, preparing and serving the Party Wall Award.
Important Note: It’s crucial to acknowledge that, under the Act, if you are an adjoining owner and your neighbor is executing works, they generally bear the responsibility of covering your Party Wall fees. By engaging our services, you can confidently navigate these intricacies and ensure a smooth process that protects your interests.
Why Use Our Party Wall Surveyors?
Securing a party wall surveyor upfront is your best assurance for correct procedure adherence. A misstep in the initial notice can render subsequent responses legally invalid, risking objections and neighbor relations. Trust our expertise to ensure a smooth and legally sound process from the start.
Working with us also also offers the advantage of facilitating a positive rapport with your neighbor, addressing their concerns, and ensuring the safety of their property. Our presence ensures a smoother interaction and peace of mind for both parties, making us your ideal partner to navigate this journey effectively.
These factors are crucial in order to secure written consent without unnecessary delays. Failing to achieve this can result in a protracted legal process lasting over three months, coupled with significantly higher costs. Partnering with us ensures you optimize your chances and avoid unnecessary delays and expenses.
FAQs
Want to know more?
What is the Party Wall Act?
The Party Wall Act 1996 is a crucial law that provides a clear roadmap for managing construction projects that might impact party walls, boundary walls, and neighbouring properties. This Act ensures that when you plan construction work near these shared elements, you follow specific steps to notify and involve your neighbors in a cooperative and lawful manner. By doing so, the Act aims to prevent disputes and promote understanding among property owners, fostering a smoother building process and harmonious relationships between owners.
What is a Schedule of Condition?
A schedule of condition is a detailed record meticulously compiled before construction commences, capturing the existing state of neighbouring properties.
This thorough documentation proves invaluable in recognizing any damage that may occur due to construction. This practice ensures transparency, minimizes disputes, and upholds the principles of the Party Wall Act, fostering a smoother construction process for all parties involved.
What is a Party Wall?
A ‘party wall’ is a wall that straddles the boundary of land owned by two or more individuals. It serves multiple purposes: it might be an integral part of a building, a divider between two or more buildings, or even a ‘party fence wall’. An image of two houses with hands shaking symbolizes a party wall agreement.
A wall qualifies as a ‘party fence wall’ if it isn’t part of a building, but rather spans the boundary between different owners’ land, functioning as a separator. For instance, a masonry garden wall falls into this category, while wooden fences and hedges are not considered party fence walls.
Additionally, a wall can be deemed a party wall if it stands entirely on one owner’s land but is used by multiple owners to separate their respective buildings.
To summarise, a party wall is a shared element that plays a pivotal role in defining property boundaries and ensuring harmonious coexistence between neighbouring property owners. At Detailed Party Wall Surveyors, we specialize in navigating the technicalities of party walls to facilitate smooth agreements and resolutions.
What is a Party Wall Notice?
A crucial aspect of the Party Wall etc. Act 1996 is the issuance of notices that inform adjoining owners about impending construction work falling under the Act’s scope. These notices are vital for ensuring a transparent and respectful process between neighbors. At Detailed Party Wall Surveyors, we’re here to guide you through the intricacies of party wall notices, fostering cooperative resolutions.
- Party Structure Notice
Served under section 3 of the Act, Party Structure Notices encompass works outlined in section 2 (2) sub-sections (a) to (n). These alterations directly impact the party wall, including tasks like inserting beams, padstones, flashings, and removing chimney breasts.
– Notice Period: 2 months
– Information Required:
– Building owner’s name and address
– Nature and details of proposed work
– Start date of work
- Notice of Adjacent Excavation
Notices of Adjacent Excavation pertain to activities under section 6 of the Act, covering two excavation types:
– Excavating within 3 meters of the neighbor’s building below their foundations
– Excavating within 6 meters of the neighbor’s building, intersecting with a 45-degree angle plane drawn from their external wall’s bottom, often involving piled foundations.
These notices must include information akin to a Party Structure Notice and be accompanied by plans and sections depicting the excavation scope.
- Line of Junction Notice
Less common, Line of Junction Notices operate under section 1 of the Act and encompass:
– Building a new wall adjacent to a boundary
– Building a new wall astride a boundary
– Notice Period: 1 month
If the adjoining owner does not respond to a notice about a new wall by the boundary, work can start after the notice period. Building foundations can be placed under the adjoining owner’s land if necessary. For a new wall astride the boundary, the adjoining owner’s written response within 14 days is pivotal. If absent, the building owner builds entirely on their side of the boundary line.
Serving Notices
Notices can be served personally or via post. In cases where the adjoining owner’s name is unknown, “The Owner” suffices, but personal delivery or conspicuous display on the premises is essential.
Navigating party wall notices can be complicated, but at Detailed Party Wall Surveyors, we’re adept at ensuring proper communication and understanding to foster a seamless process for all parties involved.
What is an Agreed Surveyor?
An Agreed Surveyor is a neutral professional who plays a significant role in the Party Wall Act 1996 process. This surveyor is chosen jointly by both parties involved—the building owner and the adjoining owner—when there’s agreement on their appointment. The Agreed Surveyor’s primary responsibility is to oversee and regulate the party wall matters in a fair and unbiased manner.
The role of an Agreed Surveyor encompasses various essential tasks, including:
- Recording Conditions: The Agreed Surveyor documents the condition of the adjoining owner’s property through a detailed schedule of conditions. This serves as a reference point to assess any changes or damages caused by the construction work.
- Creating Awards: The surveyor can issue additional awards if necessary and drafts the Party Wall Award, outlining the terms and conditions of the proposed work, responsibilities of each party, and safeguards for the adjoining owner’s property.
- Site Monitoring: Regular site visits allow the Agreed Surveyor to monitor the construction activities, ensuring they align with the agreed-upon terms and minimize risks of damage to neighboring structures.
- Reviewing Proposals: The Agreed Surveyor reviews the building owner’s construction plans and ideas to evaluate their potential impact on the adjoining owner’s property.
- Serving Notices: The surveyor ensures that proper and accurate notices are served in compliance with the Party Wall Act, notifying the parties involved about the upcoming construction work.
- Damage Assessment: In the event of any damage caused by the construction, the Agreed Surveyor assesses the extent of the damage and includes it in the Party Wall Award for appropriate compensation.
At Detailed Party Wall Surveyors, we understand the importance of having an Agreed Surveyor who operates objectively, upholds the Party Wall Act, and ensures a smooth process for all parties.
What is a Party Wall Award?
A party wall award is a formal and legally binding document that comes into play when there are disputes or disagreements between neighbors about construction work that affects party walls, boundary walls, or shared structures. This document is meticulously created by surveyors who have a deep understanding of the Act and its requirements.
The party wall award serves as a comprehensive agreement that outlines all the essential terms and conditions related to the proposed construction work. These terms cover a wide range of aspects, from the manner in which the work will be carried out to the specifics of addressing any potential disputes or damages that may arise during the construction process.
Crafting a party wall award involves careful consideration of both parties’ concerns and interests. It’s designed to protect the rights and well-being of all parties involved, ensuring that the construction project proceeds smoothly and that any potential conflicts are effectively addressed in advance. This legal document acts as a clear roadmap, promoting cooperation, understanding, and adherence to the prescribed procedures of the Party Wall Act.
In essence, a party wall award is a vital tool that contributes to a harmonious construction process. It’s a reflection of a collaborative effort between the involved parties and serves as a blueprint for successful construction work while upholding the principles of the Party Wall Act.
Do I need to serve a Party Wall Notice?
If you share a wall, boundary, or outbuilding with another household – a situation common among terraced, semi-detached, and even some detached houses – you’re dealing with a party wall. This also applies if you share a garden wall or an invisible boundary line with a neighbour.
If your building project impacts a party wall or involves excavation within 3 to 6 meters (depending on foundation depth) of your neighbour’s property, you must seek permission from the affected households at least 2 months before any construction begins.
To secure permission, you’re required to issue a ‘party wall notice’. If your neighbour responds with written agreement, you can proceed without needing a ‘party wall award’. At Detailed Party Wall Surveyors, we always recommend conducting a photographic survey of the neighbour’s property, even if they provide consent. This documentation is essential in case disputes arise due to structural damage.
However, if your neighbour objects to the notice, you’ll have to engage a party wall surveyor (or possibly two) to establish a ‘party wall agreement’ and attain the award.
For those mindful of expenses, collaborating with your neighbour(s) to appoint an agreed surveyor is advisable. While you, as the building owner, will bear the surveyor’s fees, this route generally proves more cost-effective. Further details on this approach can be found below.
In essence, serving a party wall notice is crucial when your project affects a shared wall or involves excavation near a neighbour’s property. It’s a regulatory step that ensures the interests of all parties involved are respected and any potential disputes are addressed preemptively.
When can building work start?
The timing for starting building work under the Party Wall Act hinges on the response from adjoining owners – whether they have consented or dissented to the proposed works.
- Consent from Adjoining Owners: If the neighbouring property owners have provided consent to the works, the notice often includes a clause allowing the building owner to commence the construction immediately.
- Dissent from Adjoining Owners: In the event of dissent, the building owner should wait until a party wall award is issued and the notice period has elapsed. For works falling under section 1 and 6, the notice period is 1 month, while section 2 works require a notice period of 2 months.
Should the award be served before the notice period’s expiry, the building owner can initiate the work prior to the notice period’s end only with written consent from the affected neighbour.
At Detailed Party Wall Surveyors, we guide you through the intricacies of the Party Wall Act, ensuring your building work adheres to legal requirements and maintains a harmonious relationship with adjoining property owners. Contact us today to navigate the process smoothly and compliantly.