The Case of the Missing Party Wall

No Party WallWhile conducting a recent Homebuyers Survey in Reading, we noticed something missing from the main roof space – a party wall.
It was common in Victorian terraces for there to be no separating wall at the party line in the roof space. In some cases, one could walk all the way through the roof space straight down the terrace.
Nowadays we are a little more security and fire conscious and walls have been installed.
It is rare in Reading to find a property where this has not been done. We advised our client that a party wall should be installed. In doing so we saved the client considerable additional cost.
Installing an adequate wall may require a party wall agreement before remedial works are undertaken.
If you need Party Wall advice in Reading or Newbury call us for a quote.

It is rare that property purchasers look in the roof space they are often dirty and detract from the glamour of buying a new property. Why not let us look for you?
If you need a property survey in West Berkshire, call us for a quote. Get in touch on 01635 579 208.

Leaning Tower of South Korea

Leaning Tower in KoreaTake a look at this seven-storey building – still under construction in South Korea – leaning 20 degrees.

http://www.theguardian.com/world/video/2014/may/13/south-korea-building-leans-video

Hopefully your building doesn’t have concerns of this magntitude. But if you are concerned about a defect, take a look at our Defects page to see how a Chartered Building Surveyor could undertake a defect specific survey and report on a property, or contact us to discuss your situation further.

When Flood Water Recedes

Flood waters in residential BerkshireRMA Surveyors Ltd have visited many properties over the last few months to assess flood water damage and work with home owners to reinstate their property.

About 6,500 homes have been flooded in the UK since December, according to this interesting BBC article, which takes a look at what happens after the flood water recedes.

If you are concerned about any damage to your property, then enlist the services of a Chartered Building Surveyor.

The reinstatement process can be long and involved. Many factors can come into play that delay or frustrate the process, particularly where there are so many claims being processed concurrently.

In our experience it is better to have an experienced Chartered Building Surveyor appointed to steer you through this lengthy and sometimes frustrating process.

If you need the assistance of a qualified and experienced Chartered Building Surveyor please call on 01635 579 208 or contact us via our contact page.

For further information read Five Steps to Flood Reinstatement.

Problem with your Property? RMA Surveyors can help!

Impact damge to houseProperty investment is expensive. Remedial works for untreated defects can be costly and can affect the saleability of the property. Therefore, it’s important to keep your property in good condition.

If you notice a potential problem, don’t leave it, get a professional to make an assessment on your behalf. The cost of a Chartered Building Surveyor’s fee may save you thousands of pounds.

If you’re unsure how serious a building defect may be, seek advice from a Chartered Building Surveyor who can visit, inspect, report and advice you, provide remedial advice and put your mind at ease.

Recently RMA Surveyors Ltd has undertaken Defect Inspections to assess a variety of defects from damp, condensation, dry rot, flooding, cracking in walls, potential subsidence and concerns over construction works to extensions.

When you instruct the services of RMA Surveyors Ltd, a surveyor will attend the property and make a full assessment of the problem. Following this inspection a Defect Report will be written, detailing the specific materials, construction, implications and other associated issues regarding the building defect or defects.

If further advice regarding reinstatement is required we will also be pleased to assist.

For more information, visit the Surveys page or call 01635 579 208.

Understanding a Party Wall Award

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

Goverment boost pledged for flood repairs

High water in Reading, Berkshire

High water in Reading, Berkshire

An extra £30m has been pledged for flood repairs and maintenance, which is on top of the £100m announced by David Cameron earlier this week. Full story: http://www.bbc.co.uk/news/uk-26061795

If your house or building has been affected by flood or water damage, give RMA Surveyors Ltd a call for some professional advice on your situation.

How do you know if the Party Wall Act etc 1996 applies to works?

New structure adjoining older structureIf you are planning on undertaking building works the Party Wall etc Act 1996 may apply. If you do not know of a requirement to serve or respond to notices you are not alone and we can help.

Many people are unaware of their obligations and rights that the Party Wall Act provides. Building works that proceed without complying with the Act can lead to significant difficulties, legal action, and a breakdown in neighbourly relations. Iit is not just building works directly affecting a party wall or boundary wall that may require action under the Act.

A Building Owner may decide to build a permanent structure on his own land within 6 meters of a neighboring party structure, build near or on a boundary or cut into or otherwise alter an existing party wall. In all these cases the Party Wall Act can apply. The Act allows for a Building owner to progress with works whilst protecting the an Adjoining Owners’ interests.

Where an Adjoining owner has concerns regarding a neighbors’ proposals they can appoint an independent party wall surveyor to provide help and explain the implications and procedures of the Act.

The requirements of the act stipulate that where there is a disagreement, a Party wall surveyor can step in to guide the process according to a defined protocol. Anyone can act as a Party Wall Surveyor. However a surveyor should ideally be experienced in construction,  have read, understood and be able to operate within the Act, interpret technical details, drawings and ultimately work diplomatically to provide swift resolution.

No Flood Insurance Deal May Leave Thousands at Risk

A flooded townThe current flood agreement between the Government and the Association of British Insurers comes to an end at the end of June 2013. Negotiations to continue providing affordable premiums to those most vulnerable to flooding are seemingly at a grinding halt.

Under the present agreement, insurers are committed to offering existing consumers universal flood insurance at affordable rates, providing that the Government invests in flood defenses. However, government spending on flood defenses is reported to have reduced. The Guardian reported last July that 294 flood defense projects have not received funding.

Talks between DEFRA and the ABI over a new deal have been ongoing for months. As many as 200,000 households could find it difficult to source reasonable premiums on flood insurance if no agreement is reached.

Green Deal – Planning Laws Relaxed

External insulationThe Government’s Green Deal‘s cashback initiative has been launched this week. There is no cap on what householders can claim.

The Department of Energy and Climate Change (DECC) has made available £125 million funding for the scheme.

To qualify for the cashback initiative, homeowners need to have a Green Deal property assessment undertaken on their property. However, this assessment is not always free, as many assessment companies are charging consumers for this service. The assessment is designed to inform homeowners what measures will make the best improvements to their property’s thermal performance. Improvements may include cavity or solid wall insulation, replacement boilers and loft insulation.

The cashback initiative follows an announcement by Climate change minister Greg Barker last week that planning laws have been relaxed to make it easier for external solid wall insulation to be installed. The classification of solid wall insulation for planning purposes is set to change for property owners across the country, with this type of project now seen as a “permitted development” – meaning property owners will no longer require specific planning consent to carry such an improvement.

The climate change minister stated: “There used to be a time that if you applied external solid wall insulation you would make the house look like something out of Erich Honecker’s East Germany. But actually lots of the solid wall insulation products now enhance the look and feel of a home.”

Greg Barker stated the Department for Communities and Local Government had “relaxed” planning laws so that the insulation measures are categorized as home improvements, rather than enlargement or extension, meaning the solid wall insulation will not require planning permission for most homes. Listed Buildings and properties in Conservation areas will still require permission.

Six Steps to a Party Wall Award

Party wallRecently we have had a number of requests for information regarding party wall procedure. With the aim of providing guidance the following is an overview of the basic procedure of serving Party Wall notices:

1. Firstly, do you need to issue a party wall notice? For the sake of argument let’s say you do. Do you know what type of notice needs to be served? A line of junction notice? A party structure notice? Or a notice of adjacent excavation? In some cases it may be just one in some cases it may be all three. This can easily be determined by any good Party Wall Surveyor who knows the Party Wall Act.

2. Secondly, on whom are you serving notice? Who is the freeholder? Are there any leaseholders? Does the proposed work affect more than one structure? If so, there are likely to be a number of parties to whom notice must be served.

3. With the aforementioned identified notice can be served. RMA Surveyors Ltd are often asked to become involved in Party Wall matters after notice has been served. Clients sometimes see an early saving being made by not appointing a Party Wall Surveyor, as the process seems simple at the outset. However, as the process develops it can become more complex and Building Owners seek to appoint Party Wall Surveyors to untangle the knots. We would say two things at this juncture. Firstly, fees for initial notice are usually minimal. Secondly, issue of the correct, properly drafted notices at the outset will save time. If a notice is not correct, it is invalid and another valid notice must be served. It can take two months before works can start from date of issue of a valid notice.

4. Valid notice is served to the Adjoining Owner. They now have fourteen days to respond. The adjoining owner can assent or dissent to the proposed works. If the adjoining owner does not respond in this period, works are deemed to be in dispute. If the Adjoining Owner agrees to works, the Building Owner may, by written agreement, proceed with works. We strongly recommend a condition survey of the Adjoining Owner’s property be undertaken prior to works commencing, to provide a benchmark and avoid later dispute.

5. If no response is received or the Adjoining Owner dissents to works the building owner will need to write to the adjoining owner to request they appoint a Party Wall Surveyor. The Adjoining Owner may opt to use the Surveyor appointed by the Building Owner. They may prefer to appoint their own Surveyor. In most cases the fee for the Adjoining Owner’s Surveyor will be borne by the Building Owner.

6. Once appointed the Agreed Surveyor or Surveyors should then work to draw up a Party Wall Award. A Party Wall Award is the framework whereby works affecting the party structure are to be executed. A condition survey of the Adjoining Owner’s property will be undertaken. Once the Party Wall Award is agreed and published works can commence from the date stated within the Award.

Please also see our Party Wall Pitfalls blog with more useful guidance about the Party Wall process.