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

Section 1 of the Party Wall etc. Act 1996

February 2, 2017 By

Section 1 of the Party Wall etc. ActSection 1 of the Party Wall etc. Act: RMA Surveyors have served numerous Party Wall notices on behalf of building owners who are undertaking works notifiable under the Party Wall Act etc. 1996.

There are three types of notices. This article deals with the requirements of Section 1 of the Party Wall etc. Act, where notice is required in respect of construction and repair of walls on a Line of Junction.

Section 1 has an effect where lands of different property owners adjoin and there is no building on a line of junction other than a boundary wall [note: In this case a wall is defined as a wall; and a timber fence is not deemed to be included under this definition].

A notice is required where either owner is about to build on any part of the Line of Junction. A Line of Junction is a specific term that would be determined between owners or their appointed surveyors. It is not deemed to be a boundary line, as the Party Wall Act is not legislation that can determine a boundary dispute.

If a building owner wants to build a party wall or a party fence wall on the Line of Junction, they should issue a notice to the adjoining owner at least one month before they intend to start building works and the notice should indicate their desire to build and the works intended.

If the adjoining owner, upon receipt of the notice, agrees with the works, the wall can be built half upon the land of each owner. This would be either side of the Line of Junction or the position agreed by the two owners (and/or their surveyors, if required).

In such an instance that the adjoining owner agrees, the cost of the wall would be split between the two owners, in such a proportion as to who made most use of the construction.

If the cost is deferred by one owner until a later date, it is usually the case that the cost they pay would be the equivalent to the cost of labour and materials at that later date. This seeks to take account of inflation or deflation.

If however, the adjoining owner does not consent to the works proceeding, the building owner may still build the wall but it would be at his own expense and the wall would be placed wholly upon his own land. Consent would need to be written if the building owner wanted to build upon the Line of Junction a wall that is placed wholly on his land, he would still need to serve the adjoining owner a notice describing the intended wall. And where the building owner builds a wall wholly on his land, he should have the right at any time, to begin construction one month after the day on which the notice was originally served and 12 months after that date.

The building owner would be able to place below the level of the land of adjoining owner a projecting footing and foundations as are necessary for the construction of the wall.

In many cases, nowadays, it is rarely necessary for there to be projecting footings, as walls can be built off eccentric foundations, however, that said, each case should be judged on its own merits.

Where a building owners builds a wall entirely on his own land, and does so at his own expense, he would still need to compensate the adjoining owner or any adjoining occupier for any damage to the adjoining property caused by building the wall or by placing the footings and foundations on the adjoining owners property.

Should any dispute arise under Section 1 of the Party Wall etc. Act 1996, the building owner and adjoining owner or occupier of the adjoining owners land should determine that dispute in accordance with Section 10 and this would entail appointing a surveyor(s) to act upon behalf of the parties.

If you would like professional advice contact RMA Surveyors, members of RICS. Contact us on 01635 579208.

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

Party Wall Notice Requirement

January 25, 2017 By

Party Wall Notice RequirementParty Wall Notice Requirement – 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.

The definitions of the Party Wall Act Etc. 1996 are clear and explain the circumstances where notice is required to be served, as well as the types of structures that are covered by the Act.
For example, we recently had an enquiry from somebody concerned that the tree on their property was likely to be affected by the neighbours building proposals. They were disappointed that, as a Party Wall Surveyors, we were unable to assist them. The party wall act does not define trees as a party structure.

That said, the definitions of structures that can be affected are not restricted to walls that separate adjoining buildings. Section 6 of the Party Wall Act is often flouted where Building Owners do not realise that where works involve excavations within 3 (or in some cases 6) metres of an Adjoining Owner’s structure, and to a depth lower than their foundation, then notice must be served.  Furthermore, Section 1 of the Party Wall Act requires notice to be served when the building owner is building on the line of junction. This can mean a party wall or a party fence wall. The definitions of a ‘party fence wall’ are provided within Section 20 of the Act, it is a wall that is not part of a building that stands on lands of different owners. However, timber fences are not considered party fence walls.

RMA Surveyors are members of the Royal Institute of Chartered Surveyors, providing clear and professional advice on Party Wall matters.

If you need to understand your Party Wall Notice Requirement then contact us on 01635 579208.

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

Party Wall Flow Chart

June 16, 2016 By

Experienced Party Wall surveyors, RMA Surveyors in Berkshire, can provide advice on Party Wall matters and act on behalf of building owners and adjoining owners.

If you’re unsure whether the Party Wall etc. Act 1996 applies to your situation, take a look at the Faculty of Party Wall Surveyors (FPWS) useful (guidance only) flow chart.

If you need professional advice, call RMA Surveyors on 01635 579208 or contact us via our enquiry form.

If an owner wishes to undertake works that fall within the remit of the Party Wall etc. Act 1996 then it is their statutory duty to inform their neighbour(s) by serving a party wall notice.

The following diagram is a flow chart that sets out a step-by-step guidance only of what to do.   Please, however, contact a member for professional advice:

Party Wall diagram

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

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

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

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: , , , , , , , ,

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