The Party Wall etc. Act 1996 amendment

May 4, 2016 By

Party Wall etc Act 1996On April 06 2016, the first amendment to The Party Wall etc. Act came into force, since it was enacted in 1996.

The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 was approved by the Department for Communities and Local Government on 10th March 2016.

What Amendment has been made to the Party Wall etc. Act?

The Order amends section 15 of the Party Wall etc. Act 1996, which is in relation to the service of notices. Previously legislation allowed for notices and documents to be served or given only in person or by post. This amendment will mean that notices and documents pursuant to the provisions of the Act may be achieved by electronic communications, provided that the intended recipient has stated a willingness to receive them by those means.

The new section 15 (1a&c) states that ‘a notice or other document required or authorised to be served under this Act may also be served on a person (“the recipient”) by means of an electronic communication, but only if— (a) the recipient has stated a willingness to receive the notice or document by means of an electronic communication; and (c) the notice or document was transmitted to an electronic address specified by the recipient.’

A Party Wall usually separates buildings belonging to different owners, but could include garden walls built astride a boundary (known as party fence walls). The Act is designed to avoid and minimise disputes. It makes sure property owners notify adjoining owners in advance of proposed works. It’s important to remember that notice should be served even if works are being undertaken only to your side of a wall.

If you need advice on Party Wall matters, please contact RMA Surveyors.  We are members of the RICS and provide surveying and advice in compliance with The Party Wall etc. Act 1996.  We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties. Call us on 01635 579208 or complete the enquiry form.

Filed Under: Industry News, Newbury, Party Wall, Party Wall Awards, Residential, RICS, RMA Surveyors, West Berkshire Tagged With: , , , , , , , , , , , , , , , , , , ,

Party Wall Notice

April 19, 2016 By

Being unaware of a duty to serve Party Wall Notice under The Party Wall etc. Act 1996 is not a defence. Some people do not factor in the costs of compliance with The Party Wall etc. Act 1996 before they commence works. Some choose to ignore the legislation, in the belief they are saving themselves time and money. This incorrect course of action leads to delays to their project, neighbourly dispute, possible court action and associated costs.

Party Wall Notice will prevent court action

The Requirement For Party Wall Notice

The Party Wall etc. Act 1996 requires Building Owners to serve relevant party wall notice to Adjoining Owners up to 2 months before notifiable works commence. When party wall notice is not served and it can cause friction between neighbours. In the worst case scenario where works have begun Adjoining Owners can apply to the Court and gain an injunction against the works. There are upfront costs for doing this, which are usually recoverable from a Building Owner. What Building Owners can also overlook by neglecting to serve notice is that certain rights granted by the Act are also not invoked (such as access in their neighbour’s land, to undertake notifiable works).

In many cases serving party wall notice is simple. By notifying a neighbour that works are going ahead there is less likelihood of a dispute occurring. Issuing notice/s with a polite letter explaining what the works are is far cheaper and easier than a court injunction and costs, then living with the resulting bad feeling.

Ignorance Is No Defence

The Party Wall etc. Act 1996 is now well established legislation. There is no good reason to ignore it. The courts will invariably find against anyone who does, either wilfully or through genuine ignorance. The cost of not serving a valid party wall notice may prove to be the costliest oversight of the whole project. The adage of Ignorantia iuris nocet applies. Not knowing the law is harmful.

We Can Help

If you are having works undertaken to your property that is likely to affect your neighbour’s property contact RMA Surveyors Ltd and we will be pleased to assist you serving the correct notice to avoid future and costly disputes. RMA Surveyors Ltd are members of the RICS. Please contact us and we will be happy to help.

Filed Under: building survey, Construction, Industry News, Newbury, Party Wall, Party Wall Awards, RICS, RMA Surveyors, Surveys, West Berkshire Tagged With: , , , , , , , , , ,

Property Checklist for Winter

January 22, 2015 By

ricsRMA Surveyors Ltd, Newbury have been reading an article from RICS (the Royal Institution of Chartered Surveyors) which offers a checklist to homeowners on how to look after their properties during the winter months. With another cold snap predicted in the forthcoming weeks, it’s worth a read.

Below is a snapshot of the RICS winter property checklist; for the full article, click here.

  • Roof: Inspect the roof and replace any cracked tiles.
  • Loft: Check the insulation is in good condition (up to current standard). Avoid over insulating. It is important that the tanks and pipes in the loft do not freeze, so do not insulate below the tank. Make sure the lid is on the cold-water tank.
  • Gutters and drains: Clear them of leaves and debris. Take particular care that the gulley’s are clear. Overflowing gutters can drench walls and cause damage.
  • Walls: 33% of heat lost in the home is through the walls. Cavity wall insulation is a good option and can boost its value and saleability while reducing your energy bills. Check the pointing – frost can play havoc with poorly maintained walls.
  • Windows: It is important to minimize draughts. If double-glazing is not in place (it cuts heat loss through windows by 50%), consider fitting cheaper options such as secondary glazing or put polythene across the window frames.
  • Boilers: Have your boiler serviced.
  • Heating: Check your heating system is in order; insulate hot water tanks, and bleed radiators.

While many of these simple tasks can be undertaken safely in the home it is important that people seek the advice of reputable professionals when looking to complete larger jobs. RICS advise people to avoid using builders and tradespeople who cold call. To find a local, trusted chartered surveyor in your area go to www.ricsfirms.com.

If you require advice from a Chartered Building Surveyor in Berkshire, contact RMA Surveyors Ltd on 01635 579208.

Filed Under: Newbury, Residential, RICS, RMA Surveyors, West Berkshire Tagged With: , , , , , , , ,

A Party Wall Matter

October 17, 2014 By

Party Wall workWe recently acted as a Party Wall Surveyor for an adjoining owner, in Newbury, Berkshire.

The works being undertaken by the next door neighbour included an extension to the rear of the building and some cutting in and weathering of the Party Wall.

The owner that we acted for was concerned that their second floor flat may be affected by the works. We checked that the Party Wall notice that had been issued was valid, contacted the building owners surveyor and liaised with them to confirm the method and approach to which works affecting the Party Wall should be undertaken. In addition we took a schedule of condition of the property prior to the works commencing.

We have now issued an Award and works are underway.  Our final piece of involvement should be to attend site once works have been completed to ensure they have been undertaken satisfactorily and have not affected our appointing owner’s property.

If you have a Party Wall enquiry or have been served with Notice under the Party Wall Act, please contact us on 01635 579208 or by using the contact form. We will be happy to act on your behalf.

Filed Under: Building Surveying, Construction, Party Wall, Party Wall Awards, Residential, RICS, RMA Surveyors, West Berkshire Tagged With: , , , , , , , , , , , , , , ,

Asbestos Concerns

September 18, 2014 By

One common item we often raise in our building surveys and homebuyer reports is the potential for asbestos to be present in textured, decorative coatings, such as Artex to ceilings and wall surfaces internally.

Following guidance by the Health & Safety Executive (HSE) http://www.hse.gov.uk/asbestos/ and the Asbestos regulations, we have an obligation to make mention of potentially asbestos containing materials.

Asbestos encapsulated in textured, decorative coatings is often only in very small amounts and provides no risk, unless it is disturbed and the fibres become airborne.  Textured, decorative coatings installed after the year 2000 are unlikely to contain any asbestos, as the use of asbestos was prohibited after this date.

RMA Surveyors Ltd are not asbestos surveyors; however, we are trained to identify potential asbestos containing materials. We have also worked alongside licenced asbestos testing and removals contractors to identify the presence of asbestos and arrange for its safe removal.

It should be noted that just because asbestos is present in a material, does not mean that the material is inherently unsafe but it should be left undisturbed, to avoid the asbestos fibres becoming airborne, at which point they do become hazardous. Professional advice should be sought.

For information and advice regarding asbestos in textured, decorative finishes, further reading is available on the HSE website.

If you have any asbestos related queries that you would like to discuss with RMA Surveyors Ltd, please contact us on 01635 579208 or by completing our ‘Contact Us Today’ form.

Filed Under: building survey, Building Surveying, Construction, Defects, Health and Safety, Residential, RICS, Surveys, West Berkshire Tagged With: , , , , , , , , ,

Multiple Party Wall Awards

August 27, 2014 By

party wallWe undertook an instruction as Party Wall Surveyor to act on behalf of a building owner who was developing a site in Newbury.

The site itself was bounded by some residential properties at the front and a commercial property to the rear. The residential property at the front also had a retail unit on the ground floor.

To properly undertake the instruction notice was required to be served to all adjoining owners with an interest in the property. This included the freeholder of the residential units, the leaseholder of the retail unit and the freeholder of the commercial unit to the rear. Fortunately, the leaseholder and the freeholder of the commercial unit were the same party.

All parties dissented to works and required the appointment of their own surveyor to act on their behalf. In actuality, one of the adjoining owner’s surveyors acted on behalf of two parties, with a second adjoining owner acting on behalf of the other party.

Three separate Party Wall Awards were required to be issued. In order to minimise the cost to our appointing owner who would be responsible for all fees, we made assessment of adjoining owner’s fees and agreed a reasonable rate. We also organised to meet all surveyors out on site on the same day, to minimise time on site while discussing the critical issues that needed to form the basis of the Party Wall Award.

Without our professional input, the developer may have found difficulty in identifying the correct parties to serve the notice on, issue applicable notices, liaise with adjoining owner’s surveyors and form a Party Wall Agreement.

It is often thought by building owners that the Party Wall process is easily managed by themselves but we have often found that parties that have issued notice have issued invalid notice, which can delay works or can become confounded by the detail surrounding the Party Wall Act and can quickly find themselves out of their depth when matters become more complex.

If you have any Party Wall issues, please contact us for advice on 01635 579208 or complete the form below and we’ll get in touch.

Contact Us

Fill in the below form to contact us today.

  • If you are requesting a survey quotation please provide the address and postcode of the property.
  • This field is for validation purposes and should be left unchanged.

Filed Under: Landlords, Newbury, Party Wall, Residential, RICS, West Berkshire Tagged With: , , , , , , , , , , , , , , , ,

Project Managers for Repairs

August 6, 2014 By

Project Management. Repair & Redec Block of FlatsRMA Surveyors Ltd acted as project managers for an external maintenance and repairs programme to a block of flats in Cockfosters, London.

The contract included roof repairs; including repairs to parapet walls and the repair of roof coverings, maintenance to external doors and windows; including repairs and redecoration, providing insulation to tank rooms located on the roof, internal plaster repairs to common areas and redecoration and masonry repairs; including crack stitching and repointing repairs to arches and lintels above openings.

The contract value was for £70,000; we provided specification, tendered the works and oversaw the works in two phases. Unfortunately the initial contractor went into liquidation between phases, so we were required to re-tender the works and oversee phase two using a different contractor.

We saw the work through to completion, awarded final certification and ensured the work was undertaken to a satisfactory standard.

If you require a project manager for any similar repairs, redecoration or refurbishment contracts, please contact us using the form below or call us on 01635 579208.

Contact Us

Fill in the below form to contact us today.

  • If you are requesting a survey quotation please provide the address and postcode of the property.
  • This field is for validation purposes and should be left unchanged.

Filed Under: Building Surveying, Construction, Landlords, RICS Tagged With: , , , , , , , , , , , , , ,

Clear Party Wall Explanation

July 23, 2014 By

Party WallWe recently were instructed to act as a building owner’s Party Wall surveyor near Reading. On receiving the plans from the building owner’s architect, we were able to make a full assessment of the types of notices required and duly issued them to the adjoining owners.

On issuing the notices we also provided a cover letter explaining, in less formal terms, the implications of the works required, how these would affect the adjoining owners, as well as providing a full and clear description of the Party Wall process. In doing so we demonstrated to the adjoining owners exactly what was involved and what their options were. The adjoining owners were content with the explanation.

The clear and concise way in which we dealt with issuing notices meant that the adjoining owners were satisfied that they understood what was involved. As a result, they consented to the works without a Party Wall Award needing to be in place prior to commencement. This in turn saved our client (the building owner) money in terms of Party Wall Surveyor fees.

We strongly believe that Party Wall issues should be dealt with in a professional and transparent manner and in accordance with spirit of the Party Wall Award Etc. Act 1986.

It is our duty as Party Wall surveyors to provide clear and concise advice and to minimise accruing costs to the owners responsible for paying the fees.

If you require advice on a Party Wall issue, please contact us to discuss it further or complete the form below and we’ll get in touch.

Contact Us

Fill in the below form to contact us today.

  • If you are requesting a survey quotation please provide the address and postcode of the property.
  • This field is for validation purposes and should be left unchanged.

Filed Under: building survey, Building Surveying, Newbury, Party Wall, Residential, RICS, West Berkshire Tagged With: , , , , , , , , , , , , , ,

Project Manager for Fire Reinstatement

July 4, 2014 By

Melted LightbulbRMA Surveyors Ltd have recently been instructed to act as project managers for the restoration of a fire damaged flat in West Ilsley, Berkshire.

The property has been significantly damaged by fire within a couple of rooms, while the rest of the property has been heavily damaged by residual smoke and water, where the fire was extinguished.

Our instruction required us to:

  • appoint and oversee the initial clean up and restoration – cleaning smoke residue, removing items such as white goods and furniture, cleaning surfaces and removing floor coverings and soft furnishings;
  • advise the client to have the electrical services isolated, as they had been badly damaged by the fire;
  • and draw up a specification and schedule of works to issue to tendering contractors.

Once a contractor has been selected, we will be responsible for overseeing the works through to completion. This will include regular site visits, liaison with the building contractor and the client, valuing and certifying works at key stages, liaising and reporting back to the loss adjustor and dealing with any ad hoc queries as required.

When works are completed we will certify and sign off the work. Works will be tendered and executed under the JCT Minor Works Contract. The fees for our appointment as project managers are covered by the insurance policy.

Appointing a project manager can help to reduce the stress that such potentially distressing situations can cause. As Chartered Surveyors, acting as project managers, we are able to use our professional knowledge and expertise in order to facilitate a swift and effective remediation process.

RMA Surveyors Ltd are highly experienced in insurance reinstatement work and as such we provide a service that is cost effective in regards to managing spend for the insurance claim and one that gives the client peace of mind that the project is being overseen and undertaken by professionals.

If you have been affected by fire, flood or other insured risk, please contact us on 01635 579208 or by completing the form below.

Contact Us

Fill in the below form to contact us today.

  • If you are requesting a survey quotation please provide the address and postcode of the property.
  • This field is for validation purposes and should be left unchanged.

Filed Under: building survey, Building Surveying, Construction, Defects, Flood, Flooding, Insurance reinstatement, Landlords, Newbury, Residential, RICS, West Berkshire Tagged With: , , , , , , , , , , , , , , , , ,

Issuing Party Wall Notification

June 19, 2014 By

Terraced housingWe were recently instructed to act as Party Wall Surveyors in Pangbourne. We were acting on behalf of the building owner to issue party wall notices to two adjoining owners on a Victorian Terrace.

Our client had already approached their neighbours and explained to them the works to be undertaken, then requested we issue formal notification of works to them.

Sometimes, as in this case where there is more than one adjoining owner, party wall notification can be more complicated. It is our role to determine who has an interest in the adjoining properties and which are the correct notices to serve under the Party Wall Etc Act 1996.

Our client had quite a tight deadline in which they wanted the Party Wall Agreements to be in place, as their appointed building contractor had an extremely busy schedule. So we acted efficiently and effectively to ensure everything was in place.

If you would like any advice regarding the Party Wall Etc Act 1996, please contact us on 01635 579 208, or complete the form below with your enquiry.

For further reading on Party Walls read our Understanding a Party Wall page.

Contact Us

Fill in the below form to contact us today.

  • If you are requesting a survey quotation please provide the address and postcode of the property.
  • This field is for validation purposes and should be left unchanged.

Filed Under: building survey, Building Surveying, Construction, Defects, Newbury, Party Wall, Residential, RICS, West Berkshire Tagged With: , , , , , , , , , , , , ,