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.

Party Wall Process

The Party Wall ProcessThe Party Wall etc. Act 1996 is designed to avoid and minimise disputes. It makes sure property owners notify adjoining owners in advance of proposed works. However, the Party Wall process can seem daunting and/or complicated. To ensure peace of mind that you are following the correct procedure when it comes to your building work, contact RMA Surveyors, Newbury Berkshire to help guide you through the Party Wall process.

RMA Surveyors 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 RMA Surveyors to discuss your needs on 01635 579208 or email enquiries@rmasurveyors.co.uk.

Does the Party Wall etc. Act 1996 affect my building work?

Party Wall etc. Act 1996“Does the Party Wall etc. Act 1996 affect my building work?” is a question that RMA Surveyors in Newbury, Berkshire have often been asked.

If you have plans to carry out the following type of work on your property then you should seek professional advice regarding the Party Wall Act:

– 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.

By seeking advice from a party wall professional, you can determine whether your proposed building work falls within the scope of the Party Wall etc. Act 1996, enabling you to respond accordingly and within the Law.

RMA Surveyors are expert Party Wall and Chartered surveyors, members of both the Faculty of Party Wall Surveyors and the Royal Institution of Chartered Surveyors. With such accreditation, you can rest assured that RMA Surveyors will provide you with the quality advice and service that is required.

Contact RMA Surveyors for advice or help with the Party Wall process on 01635 579208 or email enquiries@rmasurveyors.co.uk.

Testimonial, February 2018:

“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.”

A Guide to Party Wall Procedure

Party Wall procedure

RMA Surveyors Ltd provides professional and independent advice concerning Party Wall procedure.

If you intend to carry out building work to your property which could affect your neighbour, you should determine whether works require notification under the Party Wall etc. Act 1996. Notifiable works include:

 

  • Work on an existing wall, structural soffit or floor structure shared with another property. e.g. loft conversion, supporting a beam on a party wall, removing walls in a flat, or digging out a basement.
  • Building on or at the boundary with another property. e.g. building an extension or replacing a boundary wall.
  • Excavating near a neighbouring building or structure to a depth lower than their existing foundation.

If the work undertaken is notifiable under the Party Wall Act etc. 1996, the correct type of notice not must be issued. RMA Surveyors provide advice and guidance on which Notice/s should be issued. See our Section Notices blog for more information.

The Party Wall Act is designed to avoid and minimise disputes, notices are served to ensure that the property owners notify their adjoining owners in advance of notifiable works commencing.

Party Wall Notices should contain the following:

  • Name the building owners (those proposing the work) and all adjoining owners (those potentially affected by the work).
  • Clearly indicate the work that is notifiable under the Act.
  • State a proposed start date in accordance with the notice periods prescribed by the Act.
  • Be dated and signed by the building owner or their representative with the authority to act on their behalf.
  • Notices will usually be accompanied by drawings or plans to illustrate the proposals of the notifiable works.

Once notice is served the adjoining owner can:

  • Provide written consent within 14 days from the date of the notice.
  • Provide written consent with conditions (which may be refused) in writing within 14 days.
  • Refuse consent, which will start the dispute resolution process.
  • Do nothing. The matter will be deemed to be in dispute after 14 days, then the adjoining owner should appoint a surveyor within 10 days, or one will be appointed on their behalf.
  • Serve a counter notice requesting additional works be done at the same time. There may be a cost implication to the adjoining owner in this regard.

Notices may have to be served up to two months before work commences (timings vary dependent on the notice served).

If consent is not agreed or notice is ignored,  the Act provides for the appointment of an independent surveyor to act on behalf on the adjoining owner. In this case an Agreed Surveyor (a surveyor appointed to act for the interests of both parties) cannot be appointed.  Where a dispute does arise, the Agreed Surveyor route is often the more cost effective route for the building owner. This arrangement can only be made by agreement from both parties in writing.

Once Surveyors are appointed they should act independently. They are not required to fight their appointing owner’s corner, rather their role is to determine the dispute between owners.

If the building owner does not comply with the Party Wall etc. Act 1996, building works might be delayed, declared unlawful, and might incur a court injunction preventing works proceeding and associated legal costs.

If you need Party Wall advice or help through the Party Wall procedure, call RMA Surveyors on 01635 579 208. Proud to be members of the Faculty of Party Wall Surveyors.

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.

Faculty of Party Wall Surveyors Logo

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.