Government Guidance on Party Walls

Government Guidance on Party WallsGovernment Guidance on Party Walls

Information on carrying out building work under the Party Wall etc. Act 1996, or what to do if your neighbour tells you they’re about to carry out work can be found on the Gov.uk website.

The Act and Party Wall process can appear complex and daunting, as such the government has provided guidance on preventing and resolving disputes in relation to party walls.

Visit https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance to read it in full.

If you’re in need of professional advice, contact RMA Surveyors in Newbury, Berkshire on 01635 579208. Proud members of the Royal Institution of Chartered Surveyors and Faculty of Party Wall Surveyors. RMA Surveyors are experienced Party Wall surveyors that provide Party Wall surveying and advice in compliance with the Party Wall etc. Act 1996.  RMA Surveyors act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties.

RICS Guide to Party Walls

The Royal Institution of Chartered Surveyors (RICS) have produced a clear and impartial guide to Party Walls.

To view the RICS Guide to Party Walls, click here: http://www.rics.org/Global/RICS_party_walls_270717_jf.pdfRICS Guide to Party Walls

If you’re in need of professional advice, contact Chartered Surveyors, RMA Surveyors Ltd in Newbury, Berkshire, on 01635 579208.

RMA Surveyors can assist in your understanding of the Party Wall etc. Act 1996 and the notice requirements. 

Party Wall notices are required where a property owner (The Building Owner) is planning works that are likely to affect a neighbouring owner’s (The Adjoining Owner) property.

RMA Surveyors have served numerous Party Wall notices on behalf of those undertaking works notifiable under the Party Wall Act etc. 1996We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties.

RMA Surveyors are experienced party wall surveyors and proud members of the Faculty of Party Wall Surveyors and the RICS. 

 

Experienced Party Wall Surveyors

Experienced Party Wall SurveyorsExperienced Party Wall Surveyors, RMA Surveyors in Newbury, Berkshire provide expert advice on the Party Wall process, as one client recently gave testimonial to:

We appointed Richard Mountain of RMA Surveyors to act on our behalf, as our neighbours had commenced work excavating right next to our house, without serving a party wall agreement.  Richard’s knowledge and expertise helped resolve the issue and allowed our neighbours build to continue whilst protecting our property, which was our biggest concern.  Unfortunately our neighbours chose to ignore the first award and we had to engage Richard again to go through another award.  He worked extremely well to support us and offered a voice of reason to ourselves, our neighbours and the barrister we had to engage.

Richard gave us the confidence that we needed throughout the entire process.  His is extremely thorough and practical, his communication was very proactive and he dealt with sensitive issues in a professional and timely manner, often coming out at short notice. I would fully recommend Richard for any party wall agreement.” (February 2018)

RMA Surveyors provide Party Wall 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. RMA Surveyors are members of The Faculty of Party Wall Surveyors, so you can feel confident that you’re receiving professional advice and guidance.

Contact experienced party wall surveyors, RMA Surveyors on 01635 579208 for further information on Party Wall matters.

Does the Party Wall Act apply?

Does the Party Wall Act applyA common question received at RMA Surveyors is: does the Party Wall Act apply to me? 

If you’re uncertain as to whether the Party Wall etc. Act 1996 applies to you, then why not look at the below chart. It’s a quick reference flowchart, from the Faculty of Party Wall Surveyors, which shows the steps required when considering the Party Wall Act.

The Faculty of Party Wall Surveyors flowchart.

RMA Surveyors Ltd are experienced party wall surveyors, based in Newbury, Berkshire.  We provide Party Wall 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.

If you’re in doubt as to whether the Party Wall Act applies, contact RMA Surveyors for professional advice on 01635 579208. Proud members of the Faculty of Party Wall Surveyors (FPWS) and the Royal Institution of Chartered Surveyors (RICS).

 

 

 

The Party Wall etc Act 1996

the party wall etc actA Guide to the Party Wall etc Act 1996

In 1997 the Government introduced party wall legislation across the whole of England & Wales in the form of the Party Wall etc. Act 1996. The Faculty of Party Wall Surveyors (FPWS) was established out of a national need for education and support for surveyors but also to enhance awareness and provide advice and guidance to the public.

Determining if a building project is within the scope of the Act can be complex and failure to correctly identify the status of your project could result in the building works being unlawful. The FPWS always recommend that you seek professional advice. In addition, it has produced a useful Guide to the Party Wall etc. Act 1996.

RMA Surveyors are proud to be members of the Faculty of Party Wall Surveyors. If you’re in need of professional advice, contact 01635 579208.

 

Do I need a Party Wall Surveyor?

You may need a Party Wall Surveyor if you intend to carry out work which involves the following:

– Work on an existing wall, ceiling or floor structure shared with another property

– Building on or at the boundary with another property

– Excavating near a neighbouring building or structure.

 

If you’re planning any of the above, you must call a Party Wall Surveyor to find out whether the work falls within the scope of the Party Wall etc. Act 1996.

If you do not comply with the Party Wall etc. Act 1996 by serving the necessary notices and obtaining the necessary agreement or resolving matters by way of an award, your building works could be delayed, declared unlawful, possibly incurring legal claims and costs against you.

In order to be clear if your planned work comes within the Act, you should seek professional advice from an experienced Party Wall Surveyor.

Call Chartered Surveyors, 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. 

We are members of The Faculty of Party Wall Surveyors. We provide Party Wall 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.

Section 5 of the Party Wall etc. Act 1996

Section 5 of the Party Wall etc. Act 1996Section 5 of the Party Wall etc. Act 1996 deals with the disputes that arise under Section 3 and Section 4 of the Party Wall Act.

As already established in Section 3 and Section 4 of the Party Wall Act, Section 5 deals with disputes that arise when a party structure notice or a counter notice has been served.

Section 5 of the Party Wall etc. Act begins by setting out a time frame period by which an owner who is in receipt of a served notice must respond. This period is 14 days, and if the owner does not consent within this period, then a dispute is deemed to have arisen.

This section is an extremely small section of the Act and it simply consists of a single sentence. Although it does not state it within Section 5 of the Party Wall etc. Act, if a dispute is deemed to have arisen during or after that 14-day period then the dispute would be dealt with under Section 10 of the Party Wall Act.

A time period is necessary to allow a building owner to proceed with the party wall process, rather than be scuppered at the first hurdle, where an adjoining owner may decide to ignore the notice.

Despite the 14-day period, even if a decent is deemed to have arisen, owners can still agree at any time during the party wall process to consent to the works. If written consent is given, then there is no need to continue to pursue a dispute process.

If you require Party Wall advice, then contact us 01635 579208. Proud members of the Faculty of Party Wall Surveyors and the Royal Institute of Chartered Surveyors, RMA Surveyors Ltd provides professional, independent advice.

 

Section 4 of the Party Wall etc. Act 1996

Section 4 of the Party Wall etc. ActSection 4 of the Party Wall etc. Act 1996 deals with the serving of counter notices.

Such a notice might be triggered where an adjoining owner has received a party structure notice from a building owner but does not agree with the proposals put forward within that notice.

Section 4 of the Party Wall etc. Act allows an adjoining owner to serve upon a building owner a counter notice giving details of their requirements.

What can a Counter Notice request?

Paragraph 1a allows that adjoining owners may ask, where reasonably required, for a building owner to include such elements as chimney copings, breasts, jams or flues. It should be noted that this work would be done at the convenience of the adjoining owner.

Furthermore, an adjoining owner could serve a counter notice in respect of special foundations which the adjoining owner would consent under section point 7 of the act. He may request that the special foundations be placed at a greater depth than that proposed by the building owner or be constructed of sufficient strength to bear the load to be carried by columns of any intended building of the adjoining owner. Or both.

Section 4 of the Party Wall etc. Act 1996 – Issuing a Counter Notice

If an adjoining owner decides to issue a counter notice, the counter notice should specify the works required, and should be accompanied by plans, sections and particulars of those works. It should also be served within a period of one month, beginning on the day on which the building owners party structure notice was served.

If a building owner receives a counter notice he should comply with the requirements of the notice, unless the works described within the counter notice would be injurious to him, cause unnecessary convenience to him or cause unnecessary delay in the execution of works pursuant to the party structure notice.

Where an adjoining owner issues a counter notice it would be dealt with by the surveyors as a dispute will deemed to have arisen and owners can not determine a dispute themselves but it is the responsibility of the adjoining owner to serve the notice, and not the surveyor, unless the surveyor has been given the authority to do so. In practise it is unusual for counter notices to be served, however, the Act does allow for counter notices to be served and there are occasions where it is necessary to issue a counter notice.

Need advice?

If you have any Party Wall concerns or feel that a counter notice needs to be served under Section 4 of the Party Wall etc. Act 1996, then please call us for advise on 01635 579208.

RMA Surveyors are proud members of the Faculty of Party Wall Surveyors and of the Royal Institute of Chartered Surveyors.