The Case of the Missing Party Wall

No Party WallWhile conducting a recent Homebuyers Survey in Reading, we noticed something missing from the main roof space – a party wall.
It was common in Victorian terraces for there to be no separating wall at the party line in the roof space. In some cases, one could walk all the way through the roof space straight down the terrace.
Nowadays we are a little more security and fire conscious and walls have been installed.
It is rare in Reading to find a property where this has not been done. We advised our client that a party wall should be installed. In doing so we saved the client considerable additional cost.
Installing an adequate wall may require a party wall agreement before remedial works are undertaken.
If you need Party Wall advice in Reading or Newbury call us for a quote.

It is rare that property purchasers look in the roof space they are often dirty and detract from the glamour of buying a new property. Why not let us look for you?
If you need a property survey in West Berkshire, call us for a quote. Get in touch on 01635 579 208.

Understanding a Party Wall Award

A picture of a wallWhat is a Party Wall?
In short, it is a wall or structure that separates buildings belonging to two or more different owners.

This could be a wall in your property attached to your neighbour (e.g. semi-detached house or flat), a garage wall linked to another property, or a garden wall built astride a boundary (known as a Party Fence Wall). Separating floors in flats and shared chimneys are also party structures.

What is the Party Wall etc. Act 1996?
The Act is designed to avoid and minimise disputes between the two owners of a party structure.

It ensures that the Building Owner carrying out the work notifies the Adjoining Owner in advance of the proposed works that are likely to affect the Party Wall.

TOP TIP: It is a good idea to talk to your neighbours about your plans before serving the notice as that will greatly increase the chances of them agreeing, or at least concurring in the appointment of an ‘Agreed Surveyor’.

How does the Act work?
Certain works are deemed to be ‘notifiable’ under the Act. Typical examples include cutting into a party wall to take the bearing of a beam (e.g. in a loft conversion); inserting a damp proof course (even if only to your own side of a party wall); demolition and rebuilding of a party wall or structure; raising a party wall; underpinning a party wall or part of a party wall; and excavating within three or six metres of a party structure.
The Act details the requisite notice periods applicable in each situation.

In the event of a ‘dispute’ in response to any notice served, the parties (the Building Owner and the Adjoining Owner) must either each appoint their own Surveyor, or decide to appoint a single ‘Agreed Surveyor’. The Surveyor must act impartially. They are not appointed to win the argument for either side.

The purpose of this appointment is the resolution of the dispute by way of a Party Wall Award.

What is a Party Wall Award?
A Party Wall Award is a legally binding document drafted and served by the appointed Surveyors, or Agreed Surveyor, to agree how works should be executed.

It sets out the nature of the proposed works, together with details as to who is responsible for the cost of the works and any associated fees.

The Award will contain a Schedule of Condition to record the condition of the Adjoining Owner’s property prior to commencement of any works; this may be needed for later referral in determining the extent of any damage as a direct result of the awarded works.

The Award will usually also state which party is responsible for implementing any remedial works in the event of resultant damage.

Does the Party Wall Act apply to you?
The Party Wall etc. Act 1996 applies to all ‘notifiable’ works in both residential and commercial property and includes:
• The building of a new wall on the line of junction (boundary) between two properties
• Works to a Party Wall
• Works to a Party Fence Wall
• Excavations – excavating foundations within three metres of a neighbour’s structure and lower than its foundations OR excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45° from the bottom of its foundation

Call RMA Surveyors Ltd on 01635 579208 for guidance on the Party Wall etc. Act 1996 or to enlist our services as a Party Wall Surveyor.

For further information, read the RMA Party Wall information page or download the RICS Information Guide

How do you know if the Party Wall Act etc 1996 applies to works?

New structure adjoining older structureIf you are planning on undertaking building works the Party Wall etc Act 1996 may apply. If you do not know of a requirement to serve or respond to notices you are not alone and we can help.

Many people are unaware of their obligations and rights that the Party Wall Act provides. Building works that proceed without complying with the Act can lead to significant difficulties, legal action, and a breakdown in neighbourly relations. Iit is not just building works directly affecting a party wall or boundary wall that may require action under the Act.

A Building Owner may decide to build a permanent structure on his own land within 6 meters of a neighboring party structure, build near or on a boundary or cut into or otherwise alter an existing party wall. In all these cases the Party Wall Act can apply. The Act allows for a Building owner to progress with works whilst protecting the an Adjoining Owners’ interests.

Where an Adjoining owner has concerns regarding a neighbors’ proposals they can appoint an independent party wall surveyor to provide help and explain the implications and procedures of the Act.

The requirements of the act stipulate that where there is a disagreement, a Party wall surveyor can step in to guide the process according to a defined protocol. Anyone can act as a Party Wall Surveyor. However a surveyor should ideally be experienced in construction,  have read, understood and be able to operate within the Act, interpret technical details, drawings and ultimately work diplomatically to provide swift resolution.

Six Steps to a Party Wall Award

Party wallRecently we have had a number of requests for information regarding party wall procedure. With the aim of providing guidance the following is an overview of the basic procedure of serving Party Wall notices:

1. Firstly, do you need to issue a party wall notice? For the sake of argument let’s say you do. Do you know what type of notice needs to be served? A line of junction notice? A party structure notice? Or a notice of adjacent excavation? In some cases it may be just one in some cases it may be all three. This can easily be determined by any good Party Wall Surveyor who knows the Party Wall Act.

2. Secondly, on whom are you serving notice? Who is the freeholder? Are there any leaseholders? Does the proposed work affect more than one structure? If so, there are likely to be a number of parties to whom notice must be served.

3. With the aforementioned identified notice can be served. RMA Surveyors Ltd are often asked to become involved in Party Wall matters after notice has been served. Clients sometimes see an early saving being made by not appointing a Party Wall Surveyor, as the process seems simple at the outset. However, as the process develops it can become more complex and Building Owners seek to appoint Party Wall Surveyors to untangle the knots. We would say two things at this juncture. Firstly, fees for initial notice are usually minimal. Secondly, issue of the correct, properly drafted notices at the outset will save time. If a notice is not correct, it is invalid and another valid notice must be served. It can take two months before works can start from date of issue of a valid notice.

4. Valid notice is served to the Adjoining Owner. They now have fourteen days to respond. The adjoining owner can assent or dissent to the proposed works. If the adjoining owner does not respond in this period, works are deemed to be in dispute. If the Adjoining Owner agrees to works, the Building Owner may, by written agreement, proceed with works. We strongly recommend a condition survey of the Adjoining Owner’s property be undertaken prior to works commencing, to provide a benchmark and avoid later dispute.

5. If no response is received or the Adjoining Owner dissents to works the building owner will need to write to the adjoining owner to request they appoint a Party Wall Surveyor. The Adjoining Owner may opt to use the Surveyor appointed by the Building Owner. They may prefer to appoint their own Surveyor. In most cases the fee for the Adjoining Owner’s Surveyor will be borne by the Building Owner.

6. Once appointed the Agreed Surveyor or Surveyors should then work to draw up a Party Wall Award. A Party Wall Award is the framework whereby works affecting the party structure are to be executed. A condition survey of the Adjoining Owner’s property will be undertaken. Once the Party Wall Award is agreed and published works can commence from the date stated within the Award.

Please also see our Party Wall Pitfalls blog with more useful guidance about the Party Wall process.

Japanese Knotweed

Japanese knotweed at the rear of a propertyJapanese knotweed is an amazing plant. The young stems are edible and taste like bamboo shoots. It can grow over 20 feet in height. Its root systems can penetrate as deep as 3 metres below ground surface level. In some cases it has been reported to grow as deep as 5 metres. It usually grows in thick clumps (or stands). It can grow in a variety of soil PH’s. It will grow from a small cutting and will rapidly reroot itself. Where roots are disrupted new shoots will begin from breaks in the root, travelling vertically and horizontally through the ground. Its subterranean root system can survive double figure sub-zero temperatures. The mid-19th Century saw its introduction to the United Kingdom as it became popular with landscapers as it could grow quickly, form dense screens and hold together land banks with its root system. It was widely used in Wales to hold together subsiding railway embankments. Japanese knotweed has no predators in the UK and as such is not easily controlled. The saving grace is that the plant in this country is female only and is not espablished by seeds. However, the roots and stems can establish in new soil easily if not carefully disposed of.

The plant is a hardy one and it is illegal to spread the plant under the Wildlife and Countryside Act 1981. Soil deemed to be contaminated with Japanese knotweed is sighted as controlled waste under the Environmental Protection Act 1990. In recent years lenders have begun declining loans on properties due to the presence of Japanese knotweed on sites. Most buildings insurance policies do not cover damage and problems caused by Japanese knotweed.

Close up of Japanese knotweedJapanese knotweed can damage ruin gardens, drains, paths paving, walls and out buildings. In rare and exceptional cases it has been reported to affect foundations and floors.
It can be treated in a number of ways. Herbicides can be applied, but this is usually necessary over a number of years. This is most economic, but not always effective. Excavation of contaminated soil is also employed, but soil must be disposed of as hazardous waste and the depth of the root system can mean excavation and disposal amounts to serious costs. Experiments with introduced grazing insects are being trialled, but there are obvious unknowns with introducing non-native insects into the environment. Japanese knotweed being the case in point.

The presence of Japanese knotweed is likely to affect the value of a property and remediation is expensive. Caught early enough and not disrupted the plant can be eradicated before it spreads.

I took these photo’s at a property in Bath. Unfortunately the knotweed had taken root outside the rear of the property. The building occupant was pleased he was only renting the property. The landlord and neighbours are likely to have a very different view on it.

Why pay for a construction professional?

Judges gavel and the scales of justiceWe have picked up several projects in the last 6 months where the clients have had builders start or about to begin works with no formal contract, specification, scope of works or even a sketch on the back of a beer mat. As building professionals we see these as shocking omissions. We implore anyone thinking of embarking upon a building project, whether it is a refurbishment, extension, alteration, repair or cyclical maintenance, to only do so if they have taken appropriate professional advice.

Invariably construction is expensive. People want to limit costs as much as possible. Often the services of construction professionals are first to be omitted, in a bid to shave some of this cost. True, in the first instance money has been saved. The fees of surveyors, architects and structural engineers have been avoided. But the saving often doesn’t remain as the project spirals out of control without formal professional management. Worst case scenario the building owner ends up paying for professional fees to put it right or act as an expert witness in court.

Often a good contract administrator or project manager’s value cannot be immediately seen. But a project that has benefitted from the process of feasibility, design, specification, tendering, contractor appointment, management and communication by a qualified professional adds value to a project. Using a professional to steer you through the process will save you money.

A good proportion of RMA Surveyors Ltd instructions are generated by clients who wished they had sought professional advice in the first instance. We have seen sewer pipes terminate below ground floors, all manner of poor masonry detailing and poor mortar specifications, non-compliant roof conversions, unsupported chimney breasts, undersized lintels, dangerous electrics and all manner of other defects. Often work has not been passed by building control and there is no formal contract in place to protect the client.

Many problems encountered are not even considered at the time of installation, but would have been picked up by an experienced professional. Even if a problem is not noted during or immediately after construction the chances are the problem will manifest itself in years to come. Most likely when the property is sold and a purchaser’s surveyor highlights defects or shortcomings. Inevitably the value of the property is reduced at the point of sale.

Coupled with the above, a project that has not been properly specified will undoubtedly result in spiralling costs during construction. We often hear of clients whose builder invoices an inflated final account where no agreement has been made for the extra costs. But with no formal contract or defined contract sum the client is often bamboozled by the contractors’ technical explanations when trying to negotiate. The result is that both parties become entrenched.

A construction professional may not always seem appropriate and can be a cost to be avoided. But RMA Surveyors Ltd experience is although the value we bring cannot always be calculated; the cost of putting it right when it goes wrong cannot either.

If you have a project you would like to talk about please contact us.

Party Wall Pitfalls

Increasingly I find that neighbouring owners attempt to use The Party Wall etc Act 1996 to try and prevent works from going ahead. In actual fact the Act gives homeowners the right to complete work where a party wall or party structure is likely to be affected. It is not an injunction or method of prevention.

On several occasions I have attended a site to meet with a neighbour who does not want works to begin and is intent on pulling out all the stops to prevent works going ahead. In my experience the neighbour has usually had no notification that works are going ahead. The first they knew about it was when a spade struck the ground and lifted them from their slumber, or a planning notice letter fluttered onto their doormat. This is the crux of many party wall issues and I will come back to it later. In some cases the neighbour will, by any means necessary, try to prevent works. Inevitably they turn to the Party Wall Act in the hope that this legislation will curtail works.

In fact the opposite is true. To add to their frustration a surveyor appointed to act in regard to their interests is actually acting in the interests of the wall. They must act impartially in agreeing an award. Any surveyor who claims you are their ‘client’ and are acting in your interests in regard to a party wall award is misinformed. It is worth reiterating that the person undertaking works is known as the Building Owner and the neighbour is known as the Adjoining Owner. A Party Wall Surveyor acting on behalf these parties is either the Building Owners Surveyor or the Adjoining Owners Surveyor. Once appointed the surveyor cannot be disinstructed to act on behalf of an owner, and the terms of an award can only be contested in the county court.

A Party Wall Award will determine the right to execute works and govern the conditions by which work is completed, specifically in relation to works affecting a party structure. I recently completed an award where around 1% of the contract related to works affecting a party structure. The adjoining owner was reasonably disgruntled that the remaining works proceeded without the requirement for consultation.

At worst issuing party wall notices and agreeing an award is an inconvenience and extra expense for a building owner. Unless the award is particularly protracted or complicated, a surveyor will limit their fees by minimising time spent as much as possible. Were a party wall award not in place and an adjoining owner’s building was damaged, party wall surveyor fees compared to potential costs and legal fees are a drop in the ocean.

As previously stated many party wall instructions arise as the works are already being disputed because no negotiation with the neighbour has taken place prior to a planning application or a spade in the ground. In my experience the quickest route to preventing a protracted and bitter dispute with the neighbours is to go round and talk to them in the first instance. Tell them what you plan to do, why you plan to do it. Make them feel involved, it costs nothing and could save you a lot in the long run. Explain that you will be issuing a party wall notice and do so in plenty of time. Always suggest a schedule of condition is undertaken, even if works are not being disputed and no award is required. Remember, when the builders dust settles and the professionals have all been paid, your neighbour will still be there to glare or smile at you over the fence.

If you have a party wall issue or require some advice please contact us. RMA Surveyors Ltd will be happy to give an initial free consulation to ascertain your requirements.

Richard Mountain MRICS