The Party Wall etc. Act 1996 amendment

May 4, 2016 By

Party Wall etc Act 1996On April 06 2016, the first amendment to The Party Wall etc. Act came into force, since it was enacted in 1996.

The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 was approved by the Department for Communities and Local Government on 10th March 2016.

What Amendment has been made to the Party Wall etc. Act?

The Order amends section 15 of the Party Wall etc. Act 1996, which is in relation to the service of notices. Previously legislation allowed for notices and documents to be served or given only in person or by post. This amendment will mean that notices and documents pursuant to the provisions of the Act may be achieved by electronic communications, provided that the intended recipient has stated a willingness to receive them by those means.

The new section 15 (1a&c) states that ‘a notice or other document required or authorised to be served under this Act may also be served on a person (“the recipient”) by means of an electronic communication, but only if— (a) the recipient has stated a willingness to receive the notice or document by means of an electronic communication; and (c) the notice or document was transmitted to an electronic address specified by the recipient.’

A Party Wall usually separates buildings belonging to different owners, but could include garden walls built astride a boundary (known as party fence walls). The Act is designed to avoid and minimise disputes. It makes sure property owners notify adjoining owners in advance of proposed works. It’s important to remember that notice should be served even if works are being undertaken only to your side of a wall.

If you need advice on Party Wall matters, please contact RMA Surveyors.  We are members of the RICS and provide 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. Call us on 01635 579208 or complete the enquiry form.

Filed Under: Industry News, 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: , , , , , , , , , ,

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: , , , , , , , , , , , , , , , ,

Defect Specific Reports

October 22, 2015 By

Specific DefectsIn addition to property surveys, RMA Surveyors Ltd undertake Defect Specific Reports. Each written report provides a clear, comprehensive and professional opinion regarding a particular problem (or ‘defect’) within a building.

In recent months, RMA Surveyors Ltd have visited a property in Thatcham to inspect a sagging roof, a site in Didcot to investigate cracking and building movement and a property in Hungerford to assess a damp issue.

Defect specific investigations and reports encapsulate the specific materials, construction and associated issues surrounding a specific building defect. Reports can be provided in a formal written report or in a letter or email format depending on the client’s requirements.

Specification for reinstatement and an estimate for repair costs can also be included.

If you have a concern regarding your property, get in touch for advice. Call us on 01635 579208 or complete the enquiry form.

As chartered surveyors, RMA Surveyors Ltd are members of and are regulated by the governing body RICS (Royal Institution of Chartered Surveyors). As such, any client can be guaranteed a high professional standard of inspection and report.

Filed Under: building survey, Building Surveying, Defects, diagnosing damp, Insurance reinstatement, Newbury, Residential, RICS, RMA Surveyors, West Berkshire Tagged With: , , , , , , , , , , , , , , ,

Building Survey vs Homebuyer Report

October 15, 2015 By

House SearchBased in Berkshire, RMA Surveyors Ltd have recently surveyed properties in Newbury, Reading, Wokingham and Windsor.

When making an initial enquiry for a survey on a property, we are often asked what the difference is between a Homebuyer Report and a Building Survey. Our simple response is that while both involve a survey of the property, a Homebuyer Report details all the essential elements of a building but goes into less detail than a Building Survey.

If you would like to read more about the details of each report, take a look at our Property Surveys page.

As chartered surveyors, RMA Surveyors Ltd always provides professional advice and will recommend which type of survey best suits the proposed property. By analysing the age, type (e.g. semi-detached or bungalow) and whether there are any extensions to the property, we can determine which survey would best outline the condition of the building.

If you are unsure which type of survey would be most suitable for the type of property that you are intending to purchase, please contact us and we shall be happy to discuss this with you.

For a Homebuyer Report or Building Survey quote, please call RMA Surveyors Ltd on 01635 579208 or complete the enquiry form.

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

Property Checklist for Winter

January 22, 2015 By

ricsRMA Surveyors Ltd, Newbury have been reading an article from RICS (the Royal Institution of Chartered Surveyors) which offers a checklist to homeowners on how to look after their properties during the winter months. With another cold snap predicted in the forthcoming weeks, it’s worth a read.

Below is a snapshot of the RICS winter property checklist; for the full article, click here.

  • Roof: Inspect the roof and replace any cracked tiles.
  • Loft: Check the insulation is in good condition (up to current standard). Avoid over insulating. It is important that the tanks and pipes in the loft do not freeze, so do not insulate below the tank. Make sure the lid is on the cold-water tank.
  • Gutters and drains: Clear them of leaves and debris. Take particular care that the gulley’s are clear. Overflowing gutters can drench walls and cause damage.
  • Walls: 33% of heat lost in the home is through the walls. Cavity wall insulation is a good option and can boost its value and saleability while reducing your energy bills. Check the pointing – frost can play havoc with poorly maintained walls.
  • Windows: It is important to minimize draughts. If double-glazing is not in place (it cuts heat loss through windows by 50%), consider fitting cheaper options such as secondary glazing or put polythene across the window frames.
  • Boilers: Have your boiler serviced.
  • Heating: Check your heating system is in order; insulate hot water tanks, and bleed radiators.

While many of these simple tasks can be undertaken safely in the home it is important that people seek the advice of reputable professionals when looking to complete larger jobs. RICS advise people to avoid using builders and tradespeople who cold call. To find a local, trusted chartered surveyor in your area go to www.ricsfirms.com.

If you require advice from a Chartered Building Surveyor in Berkshire, contact RMA Surveyors Ltd on 01635 579208.

Filed Under: Newbury, Residential, RICS, RMA Surveyors, West Berkshire 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: , , , , , , , , , , , ,

Japanese Knotweed with BBC Berkshire

November 20, 2014 By

PK Show BBC Berkshire

Richard Mountain owner of RMA Surveyors Ltd, Newbury was invited to talk live on the BBC Radio Berkshire show – Phil Kennedy on 19th November 2014.

As a Chartered Surveyor, Richard has had experience in finding japanese knotweed when undertaking building surveys.

He was asked to comment on the government news which states that people could be fined or receive anti-social behaviour orders (asbos) should they fail to control the spread of invasive non-native plants, such as japanese knotweed.

Listen to Richard: http://www.bbc.co.uk/programmes/p02bkvjb (skip forward to 1:22).

As reported in The Independent: ‘The Government has named Japanese knotweed as one of the “non-native” plants which “have the ability to spread and pose serious threats to biodiversity, the economy and human health”.

As a result, new rules have been introduced in the Anti-social Behaviour, Crime and Policing Act 2014 that could see people and organisations served with notices for “not controlling Japanese knotweed [when they] could be reasonably expected to do so”.

“Failure to act” is defined specifically as a form of anti-social “conduct”, according to a Home Office document, and individuals could be fined up to £2,500. Companies who allow the weed to get out of control could face a fine up to £20,000.’

Read the Home Office document.

If you would like advice from a Chartered Surveyor, please contact RMA Surveyors Ltd on 01635 579208 or complete the enquiry form.

Filed Under: building survey, Building Surveying, Industry News, Newbury, Residential, RICS, RMA Surveyors, Surveys, West Berkshire Tagged With: , , , , , , ,

Dilapidations Instruction in Newbury

October 15, 2014 By

DilapidationsWe have recently been instructed to undertake a terminal Schedule of Dilapidations for a commercial building in a prominent location in Newbury, Berkshire.

Our instruction is to serve a costed schedule of dilapidations on the lessee, in order that the Landlord can recoup any costs in relation to breaches of the lease. The instruction is complicated by the fact that the Landlords lessee has long since vacated the premises and sub-let the premises to a sub-lessee.

If your lease is coming to an end and you are either a Landlord requiring a schedule of condition to be compiled, or a Tenant who has been served with a terminal schedule of condition, please contact us as we will be pleased to assist.

Filed Under: building survey, Building Surveying, Landlords, Newbury, RMA Surveyors Tagged With: , , , , , , , , , ,