Building Work to a Party Wall

Are you Planning Building Work to a Party Wall?

Are you planning building work to a party wall or structure that you share with your neighbour? Is your neighbour undertaking building work that will affect your property?

Building Work to a Party Wall Can Be a Matter For the Courts

If you are planning building work or your neighbour is proposing work that affects a party wall or party structure then there is a legal requirement to meet the provisions of the Party Wall etc. Act 1996.  If your property is in England or Wales, this legislation must be followed. The law does not apply in Scotland or Northern Ireland.

What Is a Party Wall?

A Party Wall can be defined many ways. Principally it is a wall that sits across the boundary between two or more properties, such as the dividing wall between adjoining houses. It could also be the dividing floor between flats.

The Act also protects structures that stands completely on one owner’s land. Sometimes this can be astride the line of junction and can be used by both owners. i.e. Where one owner has built a wall and the adjoining owner has built up against it enclosing the structure. In that particular example only part of that wall might be considered a ‘party wall’.

Properties that are completely independent of one another can also be subject to the Act. If a building owner is planning to undertake excavations up to 6 metres from an adjoining owners structure there may also be a requirement to adhere to the Act.

A ‘party fence wall’ is a wall that does not form part of a building and stands on land belonging to different owners. This could be a garden wall, but does not include a timber fence.

There are many instances where the Party Wall Act may or may not be relevant. For this reason we always recommend it is assessed by a professional to assist, who both knows the workings of the Act and has technical construction expertise.

Does the Party Wall Act Apply To Me?

Providing the structure or structures in question meets the definitions within the Party Wall Act there is ikely to be a requirement that works need to be agreed with the adjoining owner. Simple works, such as installing shelves, replacing electrical sockets or wiring, does not require an agreement. But you should only do certain building work to a party wall or party structure once the adjoining owner or owners have been formally notified in writing and agreed the works in advance of works proceeding. Examples of notifiable party wall work might include ork includes:

  • Cutting into a wall to take the weight of a beam or insert a flashing.
  • Inserting a damp proof course.
  • Demolition, reconstruction or underpinning a party wall.

If you’re planning to undertake excavations there are some comprehensive requirements defined within the Party Wall Act, that need to be properly understood to determine whether the Act applies.

When Does Party Wall Notice Need To Be Served?

If you are planning to undertake building work to a Party Wall then we suggest you inform your neighbour in good time. This is the most critical step and can often prevent unnecessary and costly dispute later on. The purpose of the Act is to avoid disputes arising by making sure owners are aware and agree the Party Wall works.

Where applicable you must notify your neighbour in writing before building work to a party wall begins. There is a minimum period for this notice to be served before building works affecting the party wall or structure can commence. If there is more than one person with an interest in the property (i.e. Leaseholders and Freeholders. Again these are clearly defined in the Act) you must notify all of them. If there are multiple properties affected they must all be notified.

The Act is specific about the requirements of issuing notice/s. It is very important that valid notice or notices are served. If notices are not valid they will need to be served again correctly and this will reset the minimum period.

What Happens If An Adjoining Owner Does Not Agree to Party Wall Works?

If an adjoining owner does not agree to works then a dispute is deemed to have arisen. Parties in dispute are not able to act as a surveyor for themselves . They need to appoint someone who can act independently. Owners may agree to appoint a single ‘agreed surveyor’, or they can each appoint their own surveyor to act upon their behalves. The expert or experts will agree the parameters of how the works should be carried out and will serve a ‘party wall award’ which will stipulate how works affecting the party structure will be completed.

The award usually contains a schedule of condition of the affected elements of the adjoining owner’s property before work begin. This provides an accurate record of the condition of the building prior to works so damage (if any) can be properly defined after works have been completed.

RMA Surveyors are Chartered Building Surveyors, Members of the Royal Institute of Chartered Surveyors. We are experts in party wall matters. If you need advice in relation to the Party Wall Act contact us for clear and reliable advise.

Commercial Building Survey

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.

Traditional Building Pitfalls

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.

Listed Building Repairs

Wood Boring BeetleWe were privileged enough to undertake a building survey of a Grade II Listed building in Aldermaston. The property was built originally in the 1600’s with further extensions and additions added in the 1800’s and 1900’s. The original property comprised of a timber frame structure with facing brick work in fill panels, the later additions were formed in solid masonry construction.

The property had undergone extensive refurbishment during the 1800’s and the mid 1900’s and additional upgrading and repairs and addition of services had been undertaken more recently.

Many of the more recent repairs had not been undertaken in sympathy with the original construction. Most significantly many repairs had been undertaken using a cement mortar, where lime mortar would have been originally used.

The internal faces of the timber frame walls were lined with wattle and daub and we found evidence of fresh wood boring beetle damage to the wattles and staves where the wall had been exposed to prolonged high levels of damp. Gypsum plasters had been used internally, originally a lime plaster would have been used and evidence of which was visible where gypsum plaster was coming away from the wall. Modern gypsum plasters are less impervious than lime and earth plasters and gypsum is hygroscopic, meaning that it absorbs water from the air.

We also found damage to lintels buried within the wall which were also affected by damp and excessive vegetation to walls, some of which was growing through the walls. The walls had been rendered with a cement render, which was preventing evaporation from the wall and water was accumulating in the walls and allowing the structure to become saturated. The cement repointing was also having a similar affect and affecting the exposed timber within the wall.

Unfortunately these defects are extremely common with Listed Buildings where contractors and specifier’s who do not understand the performance of traditional buildings have undertaken repairs in good faith but have caused more extensive damage to the structure as a result.

Often such repairs can be more expensive to remediate as materials such as strong cement mortars can damage brick work when removed, leading to further work and repair.

If you have a Listed property, or you’re thinking about purchasing a Listed building, and would like some advice regarding appropriate remediation and repairs, please contact us on 01635 579208 or complete the form with any queries.

Asbestos Concerns

One common item we often raise in our building surveys and homebuyer reports is the potential for asbestos to be present in textured, decorative coatings, such as Artex to ceilings and wall surfaces internally.

Following guidance by the Health & Safety Executive (HSE) http://www.hse.gov.uk/asbestos/ and the Asbestos regulations, we have an obligation to make mention of potentially asbestos containing materials.

Asbestos encapsulated in textured, decorative coatings is often only in very small amounts and provides no risk, unless it is disturbed and the fibres become airborne.  Textured, decorative coatings installed after the year 2000 are unlikely to contain any asbestos, as the use of asbestos was prohibited after this date.

RMA Surveyors Ltd are not asbestos surveyors; however, we are trained to identify potential asbestos containing materials. We have also worked alongside licenced asbestos testing and removals contractors to identify the presence of asbestos and arrange for its safe removal.

It should be noted that just because asbestos is present in a material, does not mean that the material is inherently unsafe but it should be left undisturbed, to avoid the asbestos fibres becoming airborne, at which point they do become hazardous. Professional advice should be sought.

For information and advice regarding asbestos in textured, decorative finishes, further reading is available on the HSE website.

If you have any asbestos related queries that you would like to discuss with RMA Surveyors Ltd, please contact us on 01635 579208 or by completing our ‘Contact Us Today’ form.

Lack of Ventilation leads to Mildew

Lack of ventilationRecently we undertook an RICS Homebuyer’s Survey in Reading and found mildew staining to the underside of felt and roof timbers. It indicated that the roof ventilation was not adequate, causing moist air to condense on the cold surface on the underside of the roof covering.
This defect is more and more common as building owners are taking advantage of government incentives to improve energy performance in properties, adding additional insulation in their roof spaces. However, if insulation installers are not careful they can block up gaps between rafters at the eaves and prevent the cross flow of ventilation through the roof void.
Ventilation in the roof space is important as it is required to ensure roof timbers are protected from such moisture and the resulting consequences.
A defect like this is not costly to remedy but needs immediate attention to prevent damage to the timber roof structure. Potentially we saved our clients thousands of pounds in future repairs were this defect left unnoticed.
If you’re in need of some advice on a property defect, a Homebuyer survey or building survey, contact us on 01635 579 208.

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.

What is Woodworm?

Wood boring insect flight holes in roof rafter

Wood boring insect flight holes in roof rafter

Damage caused by that commonly referred to as woodworm is actually caused by a beetle larvae. These larvae hatch from eggs laid on the outer surface of timber, where once hatched they burrow into the wood, creating tunnels as they feast.

It can take up to five years for the grubs to reach maturity. Before which they form a pupae eventually emerging as beetles and leaving characteristic flight holes in the timber surface.

Timber damage from wood boring beetle should not always be cause for alarm. For instance some larvae can only feed on damp timber. Once the cause of damp has been rectified the food source, and thus the larvae, will be stopped. In some cases the pest may have been present in the timber prior to construction and the process of sawing, drying and treatment will have killed any larvae leaving only residual damage as evidence of their existence.

The type of timber, size of flight holes, type of dust, or “frass”, left behind and condition of affected timber are all indicators of the type of species and likely damage that can be expected.

In cases where beetle larvae are active they have the ability to cause structural damage and remedial insecticidal treatment is often required.
Damage can be caused to sapwood (the outer rings where sap rises in a tree) and heartwood (the inner rings or ‘heart’). Darker heartwood damage is less common due to the presence of chemicals acting as a natural repellent. Heartwood damage is considered serious as the structural integrity of timber is greatly reduced when heartwood is attacked.

The death watch beetle is considered a particular menace as it feeds off both heartwood and sapwood.

The beetle most commonly referred to as woodworm is the Common Furniture Beetle (Anobium Punctatum). This beetle’s larvae are found to be present in sapwoods of both softwoods and European hardwoods. Infestations are common throughout the UK. Attack is rare in dry wood and modern timber panels such as plywood. It is most common when timber is damp. Where timber is exposed to good central heating this type of larvae usually dies out. Unheated and humid areas of properties such poorly ventilated roof and sub floor voids are most at risk. The larvae live for 2-5 years. Tunnels are numerous and close knit. Bore holes are circular and up to 2mm in diameter. Beetles emerge in late Spring and Summer.

Although treatment can be undertaken through drying out of timber, insecticidal treatment of live infestation is often recommended in order to swiftly arrest the damage.

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.

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.