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.

Section 3 of the Party Wall etc. Act 1996

Section 3 of the Party Wall etc. Act

Section 3 of the Party Wall etc. Act 1996 deals with the requirements for issuing a Party Structure Notice.

Before a building owner can exercise any right conferred to him under Section 2 of the Party Wall Act he should serve on an adjoining owner a Party Structure Notice stating his intentions.

What should a Party Structure Notice contain?

A party structure notice should be served to the adjoining owner 2 calendar months before the works are due to begin. Although there is no express requirement within this section to include a date on the notice it is implied by the Act’s stipulation of the notice period. The notice will cease to be effective if the works in which it relates do not begin within 12 months, beginning with the day of which the notice was served and if the work is not undertaken with due diligence.

A Party Structure Notice should include the name and address of the building owner, as well as the particulars and description of the proposed works. In cases where the building owner is seeking to construct special foundations, then plans, sections and details of these foundations, together with structural engineer calculations of the loads to be carried, should also be included. The notice should also include the date on which proposed works are due to commence.

Serving Notice

Notices under Section 3 of the Party Wall etc. Act pertain only to Section 2 of the Act. It is deemed by party wall professionals that the format of notices under this section should also be applied for notices of adjacent excavation as well as line of junction notices.

If a notice is not served then the Act is not invoked, nor are the rights conferred under the Act. Notice can be issued by anyone, although in our experience it can be easy for the lay person to make a mistake on a notice which can invalidate it. We advise clients that the cost is minimal and it is usually best to allow us to issue valid notice/s on their behalf. If an invalid notice is served there is a possibility that notice will need to reissued leading to inevitable delays. It should be noted that Party Wall Notices are legal documents.

When a notice is served by another party on behalf of the building owner it should be made clear that this is the case on the notice. The person serving notice should have written authority to do so. A party wall surveyor serving notice is acting as an agent at this stage, not a party wall surveyor. Party Wall Surveyors can only be appointed as a Party Wall Surveyor once a notice has been served and a dispute has arisen. Appointment of Surveyors is covered under Section 10 of the Act.

Agreement to a notice can be given at any time, even if the process of dispute has commenced. An adjoining owners consent to any notice must be in writing. Party wall notices become legally binding documents and any consent given needs to be documentable. This prevents any potential misunderstandings once works are underway.

If you require advice regarding Section 3 of the Party Wall etc. Act or indeed any Party Wall matter, contact us on 01635 579208.

Faculty of Party Wall Surveyors Members

RMA Surveyors Ltd are proud to announce they have been accepted for membership of the Faculty of Party Wall Surveyors. RMA Surveyors Ltd have always acted as competent party wall surveyors, and are pleased to reinforce this by accreditation from this prestigious organisation. RMA Surveyors Ltd will assist the Faculty in maintaining the highest standards of professional practice in the field of Party Wall Surveying.

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Professional

RMA Surveyors Ltd will be continue to act professionally in accordance with the Party Wall etc. Act 1996 on all party wall matters. Whether they be acting for an adjoining owner, building owner, or for both as an agreed surveyor.

RMA Surveyors Ltd are pleased to be part of an organisation whose membership includes the most eminent practitioners in Party Wall matters.

Faculty of Party Wall Surveyors

The Faculty of Party Wall Surveyors have enjoyed steady and continual growth since its inception. Their members benefit from legal support and counsel when required. By obtaining membership RMA Surveyors Ltd belong to the principle organisation dedicated to Party Wall matters. Effectively anyone can call themselves a party wall surveyor, membership of this organisation ensures that a minimum standard of competence is required. The Faculty provide telephone advice to surveyors and the public, provide a list of party wall surveyors

Richard Mountain MRICS MFPWS, RMA Surveyors Ltd managing director, said “Becoming a member of the Faculty demonstrates to appointing owners, that we will deliver a high level of professional competence. The Faculty provides us with additional resources and support when dealing with the technicalities of interpreting the Party Wall Act, it also gives those we act for a method of redress. These two factors are critical, when there are unfortunately some unscrupulous companies trading as party wall surveyors, who do not act properly.”

If you have a Party Wall matter you need to discuss contact RMA Surveyors Ltd, who will be happy to assist.