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: , , , , , , ,

Section 2 of the Party Wall etc. Act 1996

February 13, 2017 By

Section 2 of the Party Wall etc. ActSection 2 of the Party Wall etc. Act 1996 deals with the rights of owners in regard to repairs of  party wall or structure.

Section 2, Rights of Owners

Section 2 of the Party Wall etc. Act confers the following rights to owners:

  • Requires that a building owner gives notice to an adjoining owner where a party wall or party fence wall or building belonging to him is already in place and he intends to underpin, thicken or raise a structure . The section allows the building owner to make good, repair, demolish or rebuild if the structure is in some way defective.
  • Allows a building owner to demolish a partition which separates buildings belonging to separate owners and does not conform to statutory requirements, and rebuild that wall to meet such requirements.
  • Allows a building owner to demolish arches or structures over public highways or over areas belonging to other persons that connect buildings, and rebuild them to conform with statutory requirements.
  • Allows a building owner to demolish a party structure that is weak or of insufficient height and rebuild it to sufficient strength or height for their purposes. It also allows the rebuilt structure to build to a lesser height or thickness providing the rebuilt structure is of sufficient strength and height for the purposes of the adjoining owner.
  • Allows a building owner to cut into a party structure for any purpose (this might include inserting a damp proof course).
  • Allows a building owner to cut away from a party wall any footing or projecting chimney breast or flue or other projection, in order to erect, raise or underpin a wall.
  • Allows a building owner to cut away or demolish part of any wall or building of an adjoining owner which overhangs the building owner’s land or a party wall to the extent it is necessary, to enable a vertical wall to be erected or raised against the wall or building of the adjoining owner.
  • Allows the building owner to cut into the wall of the adjoining owners building to insert a flashing or other weather proofing.
  • A building owner can execute any other necessary works incidental to the connection of the party structure with the premises it adjoins, and to raise a party fence wall or any such wall for the use of a party wall. It also allows to demolish a party fence wall and rebuild it as a party wall.
  • Allows a building owner (if served with an adjoining owner counter notice to maintain the height of a wall) to reduce, demolish and rebuild a party wall or party fence wall to a height of not less than 2 metres where the wall isn’t used by the adjoining owner, other than for boundary purposes, and to a height currently enclosed upon the building of an adjoining owner.
  • Allows a building owner to expose a party wall or party structure previously enclosed providing adequate weathering is installed.

Section 2, Additional Rights and Clarifications

Section 2 of the Party Wall Act clarifies certain matters pertaining to the above rights.

Where a building owner proposes to:

  • underpin, thicken or raise a party structure (and this work is not necessary on account of defect or requiring repair)
  • demolish a party structure of insufficient strength or height for the purposes of the building owner and to rebuild it to the sufficient strength or height
  • cut into a party structure for any purpose, cut away from a party wall, a party fence wall or external wall any footing or projecting chimney breast or to cut away and demolish parts of a wall or building from the adjoining owner which is overhanging their land
  • cut into the wall of an adjoining owner in order to insert a flashing or other weather proofing

Then these rights are only exercisable subject to the building owner making good any damage caused by the work to the adjoining premises, furnishings or decorations. The installation of any flues or chimney stacks need to be agreed in regards to height and materials between the owners.

In the case where an adjoining owner has issued a counter notice to maintain the height of a wall and a building owner has opted to build a wall or a party fence wall to a height not less than 2 metres or a height currently enclosed upon by the building of an adjoining owner, then the building owner must reconstruct any parapets or replace an existing parapet with another and may construct a parapet where one is needed but did not exist previously.

The building owner may exercise rights granted under Section 2 of the Party Wall etc. Act, providing he has consent in writing from the adjoining owner and the adjoining owner’s occupiers (if necessary).

Contact RMA Surveyors for professional advice on 01635 579208.

Filed Under: Building Surveying, Construction, 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: , , , , , , , , , ,

Office Refurbishment

March 19, 2015 By

We recently undertook the contract administration and project management of a successful office refurbishment to a Grade 2 listed, former town house located in a prominent position within Pinner High Street, London.

The scope of service included agreeing statutory consents and liaison with the local conservation officer and English Heritage. Providing additional restraint where historic settlement had affected the structure, design and specification of all elements of the refurbishment, including using materials sympathetic with the historic fabric of the building, roof repairs, external masonry repairs, internal plaster repairs, improving energy efficiency of the building, new gas and electrical service installations, joinery items and redecoration.

The contract was successfully completed inside the 15 week contract period. We held regular site meetings and site inspections, certified works as they were completed, agreed the final account and signed off works at completion. As well as liaising with the main contractor, we also organised the programme of works around data, telecoms and security contractors to ensure a seamless transition to allow the clients’ company to move offices without interruption to their business.

As a result the building has been transformed from a rather tired structure that was long overdue any maintenance into a building that not only contributes significantly to the historic fabric of central Pinner but has a contemporary style that is also reflective of the buildings history.

If you have a refurbishment project that would like RMA Surveyors Ltd assistance with, please contact us on 01635 579208, get in touch via enquiries@rmasurveyors.co.uk, or simply complete the enquiry form.

Filed Under: Building Surveying, Construction, Project Management, RICS, RMA Surveyors Tagged With: , , , , , , , , , , , , , , , ,

Insurance Reinstatement Repair

March 17, 2015 By

Damp floorWe recently undertook an insurance reinstatement repair contract in Compton, Berkshire.

The semi-detached property had suffered a central heating leak within the floor screed. It could not be determined how long the leak had been established but the whole ground floor screed was saturated. The client appointed us to liaise with the insurance company and their appointed loss adjuster.

We visited the site, assessed the damage and advised the loss adjuster of the works required. We drew together a schedule of works, which we issued for competitive tender. We ensured a contractor was appointed to undertake the works and attended regular site meetings to ensure works were completed within the four week contract period. Our role included liaising regularly with the client to ensure that decisions regarding finishes were made in good time to prevent any delay to the contract and to enable the client to move back from their alternative accommodation as quickly as possible.

Overall, the issue was dealt with within a four month period, from the date the loss was discovered to completion. Our involvement in this project reduced the cost of the claim to the insurer, ensured that the property was sufficiently restored to its pre-loss condition, and enabled the client to be satisfied that works had been undertaken and specified properly.

During the contract period, we were also able to incorporate some amendments and alterations to the ground floor space that the client desired and we were able to clearly separate and demonstrate to the Insurer which works were part of the insured loss and which were undertaken privately for the client.

On completion we certified all works and valued them and made sure the contractor was duly paid. We are pleased to have been able to provide our services and without our involvement it is highly likely that works would not have been completed in the time and to the quality to which they were.

If you’re in need of a Chartered Surveyor to help oversee some insurance reinstatement works, contact RMA Surveyors Ltd on 01635 579208 or complete the enquiry form and we’ll get in touch.

Filed Under: Building Surveying, Construction, Defects, Insurance reinstatement, Newbury, Project Management, Residential, RICS, RMA Surveyors, Surveys, West Berkshire Tagged With: , , , , , , , , , , , , ,

3D Printed Buildings

November 27, 2014 By

3D-printed-homesAt RMA Surveyors Ltd, Newbury, we’re always looking to see what the future will bring in terms of building technology.

We’ve been interested to see how 3D printing has been adopted by the construction industry. In particular this collaboration between a leading architecture firm (Foster + Partners) with a concrete company (Skanska) to develop a commercial technique for creating 3D printed buildings.

Click here for further reading and to view the pictures of ten 3D printed houses, which were built in 24 hours. This technology will change the face of construction as we currently know it. It will also be interesting to see what defects may be thrown up by such technology in the future.

To see the robot that prints these 3D printed buildings in action, click here.

Filed Under: Construction, Economic, Industry News, RMA Surveyors Tagged With: , , ,

Commercial Building Survey

November 21, 2014 By

Steel clad roofRMA Surveyors Ltd recently undertook a commercial building survey of an office unit located in Kingsclere Business Park, nr Newbury.

Part of our remit was to inspect the roof, which was a low pitched profile, steel clad roof that could not be easily accessed from ground level. We organised for a lift access platform to be hired and meet us out on site to undertake this part of the inspection.

We advised the client in advance that this would be necessary and it would be worthwhile investigating the condition of the roof covering given that it was likely to be original to the property, which was constructed in the 1980s.

We discovered that the protective paint to the roof covering was rusting in places and that one of the internal gutters was blocked. Both of these items could be potentially costly to rectify, involving the requirement for scaffolding to be employed to safely access these elements.

There was no way to determine this prior to our inspection and our client would have been in a strong position to renegotiate the terms of sale taking into account the defects noted.

If you have a commercial property that you are considering purchasing or leasing, please contact us for advice and a free, no obligation quote.

Filed Under: building survey, Building Surveying, Construction, Defects, Newbury, RMA Surveyors, Surveys, 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: , , , , , , , , , , , , , , ,

Traditional Building Pitfalls

October 8, 2014 By

ricsRMA Surveyors Ltd, Newbury have been reading an interesting discussion on RICS regarding the care and repair work of Victorian and Edwardian age buildings and the pitfalls often made that result in ‘inherent defects’ in later life.

RMA Surveyors Ltd are a proud member of RICS, with experience in dealing with traditional buildings and period properties. If you’re looking for advice from a local, trusted chartered surveyor in Berkshire, please call us or complete the form with your query.

Read the full article or see the snapshot below:

The top 10 inappropriate works commonly carried out on traditional buildings

  1. Replacing original good quality sash windows with inappropriate modern aluminium or PVC-U casements and stripping out original period doors.
  2. Unnecessarily injecting chemical damp-proof courses (or injecting them incompetently), and re-plastering or rendering main walls with cement-based materials rather than traditional lime, thereby  trapping damp in the walls.
  3. Encouraging damp, rot and beetle infestation by blocking ventilation to floors and roofs, and by allowing high ground levels (such as flower beds) to build up against external walls.
  4. Removal of chimney breasts or load-bearing internal spine walls without providing adequate support to the remaining masonry above.
  5. Neglecting badly eroded mortar joints to external masonry, allowing damp to penetrate and frost damage to occur.
  6. Re-pointing walls with cement mortar that prevents walls from ‘breathing’, and re-pointing in visually dominant ‘show off’ styles (such as protruding ‘weatherstruck’ pointing).
  7. Botched repairs to flashings to stacks and roofs with short-life materials such as self-adhesive tapes or mortar fillets.
  8. Failure to provide enhanced structural support to roof structures where original lightweight slate coverings have been replaced with heavier concrete tiles.
  9. Not lining old flues before lighting fires or using appliances, and failing to cap and ventilate disused flues.
  10.  Weakening floor joists with excessive cutting for cable and pipe runs.

RICS members have a pivotal role to play in both these areas to ensure that the future of our important stock of traditional buildings does not continue to be carelessly endangered.

Filed Under: Building pathology, building survey, Building Surveying, Construction, Defects, Newbury, Residential, RICS, RMA Surveyors, Surveys, West Berkshire Tagged With: , , , , , , , , , , , , , , , ,