The Party Wall etc Act 1996

June 18, 2018 By

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.

If you’re in need of professional advice, contact 01635 579208.

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

Do I need a Party Wall Surveyor?

June 13, 2018 By

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 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.

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

Party Wall Process

April 3, 2018 By

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. 

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

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

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

March 28, 2018 By

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 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.”

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

A Guide to Party Wall Procedure

November 24, 2017 By

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.

Filed Under: RMA Surveyors Tagged With: , , , , , , ,

Need a Party Wall Award?

November 18, 2015 By

party wallHaving recently undertaken Party Wall Award Notices in Windsor, Newbury and Leckhampstead. RMA Surveyors Ltd are experienced in providing advice in compliance with The Party Wall Act 1996, throughout Berkshire and the South-East.

The Party Wall etc Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.

The Act is separate from obtaining planning permission or building regulations approval. It provides a mechanism for preventing and resolving disputes relating to building work near or on a shared property boundary, or ‘party wall’.

If you require advice on a Party Wall, contact us on 01635 579 208.

For further reading on Party Walls visit the RICS information page.

Filed Under: Newbury, Party Wall, Party Wall Awards, Residential, RICS, RMA Surveyors, Surveys, 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: , , , , , , , , , , , , ,

Understanding a Party Wall Award

March 6, 2014 By

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

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