Understanding a Party Wall Award

March 6, 2014 By

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

Filed Under: Building Surveying, Newbury, Party Wall, Residential, RICS, West Berkshire Tagged With: , , , , , , , , , , , , , , , , , , , , , , , ,

Flooding Insurance Reinstatement

February 13, 2014 By

If you’ve recently put a call into your insurance company regarding a claim re flooding or water damage, then now is the time to take a closer read through your policy.

Often your insurance policy usually allows you to appoint your own Chartered Building Surveyor to project manage reinstatement works – on your behalf.

For example; a typical Aviva policy wording states “…If we accept a claim under The Buildings we will also pay for the following: a. Architects’ and surveyors’ fees to repair the buildings. These fees must not be more than those recommended by the relevant professional institutes…”

In our experience, victims of flood damage are often further stressed-out by the reinstatement process; having to deal with overworked, under resourced insurance loss adjusters and their equally overstretched (sometimes less qualified) in-house surveyors.  At a time when many properties are affected, often these individuals are difficult to contact and do not have adequate time to devote to their clients.

RMA Surveyors Ltd are professionally qualified, RICS Regulated and experienced in flood reinstatement works. We never take on more work than we can manage. We will provide you with peace of mind and ensure your property is returned back to normal as swiftly as possible. We will liaise directly with your loss adjuster, so you don’t have to.

If you are unfortunate enough to have suffered from flooding and feel a little overwhelmed as to how you will get your property back to normal please contact us.

Filed Under: Building Surveying, Defects, Flood, Flood, Flooding, Insurance reinstatement, Newbury, Residential, RICS, West Berkshire Tagged With: , , , , , , , , , , ,

Is your property affected by flood damage?

February 12, 2014 By

If so, get advice from a Chartered Building Surveyor.

A chartered building surveyor is an expert in buildings. Their professional knowledge and expertise as to how buildings are constructed, and how they perform, can assist you in a swift and satisfactory reinstatement of your flood damaged premises.

If you have water entering your building then RMA Chartered Building Surveyors can undertake an initial assessment, report the damage to your insurance loss adjuster, specify, tender and oversee works to their conclusion. At all times we can be your first point of contact and liaise with your loss adjuster directly in the reinstatement of your building.

Call RMA Surveyors Ltd on 01635 579 208 for advice regarding flood or water damage and we’ll be happy to help.

Filed Under: building survey, Building Surveying, Defects, diagnosing damp, Flood, Flood, Flooding, Insurance reinstatement, Newbury, Residential, West Berkshire Tagged With: , , , , , , , , , , ,

Goverment boost pledged for flood repairs

February 6, 2014 By
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.

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

What is Woodworm?

February 4, 2014 By
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.

Filed Under: Building pathology, building survey, Building Surveying, Defects, Newbury, Residential, RICS Tagged With: , , , , , , , , , , , , , , , , ,

Sink Hole Swallows Car

February 3, 2014 By

Sinkhole swallows carSee this brief news article where a sink hole has opened up in a residential area in Walter’s Ash, High Wycombe.

See this link for the full story.

Note how close to the building the hole is. Aside from a car being buried at the bottom of the hole, the owners of this property are no doubt seriously concerned about the stability of their building.

We can only speculate as to the cause of the hole, but the recent heavy rainfall should be a consideration.

We had brief involvement with a similar sized hole in an undisclosed location in Newbury. Our involvement was on behalf of nearby building owners was concerned of the effect is would have on their property. Fortunately we found no immediate cause for concern. However, just where and when sink holes may appear is anyone’s guess.

 

 

Filed Under: Building pathology, building survey, Building Surveying, Defects Tagged With: , , , , , , , ,

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

February 27, 2013 By

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.

Filed Under: Building Surveying, Construction, Newbury, Party Wall, Residential, RICS, West Berkshire Tagged With: , , , , , , , , , , , , , , , , , , , ,

Green Deal – Planning Laws Relaxed

January 16, 2013 By

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.

Filed Under: Building pathology, building survey, Building Surveying, Newbury Tagged With: , , , , , , , , , , , , , , , , , , , , , ,

Japanese Knotweed

July 3, 2012 By

Japanese knotweed at the rear of a propertyJapanese knotweed is an amazing plant. The young stems are edible and taste like bamboo shoots. It can grow over 20 feet in height. Its root systems can penetrate as deep as 3 metres below ground surface level. In some cases it has been reported to grow as deep as 5 metres. It usually grows in thick clumps (or stands). It can grow in a variety of soil PH’s. It will grow from a small cutting and will rapidly reroot itself. Where roots are disrupted new shoots will begin from breaks in the root, travelling vertically and horizontally through the ground. Its subterranean root system can survive double figure sub-zero temperatures. The mid-19th Century saw its introduction to the United Kingdom as it became popular with landscapers as it could grow quickly, form dense screens and hold together land banks with its root system. It was widely used in Wales to hold together subsiding railway embankments. Japanese knotweed has no predators in the UK and as such is not easily controlled. The saving grace is that the plant in this country is female only and is not espablished by seeds. However, the roots and stems can establish in new soil easily if not carefully disposed of.

The plant is a hardy one and it is illegal to spread the plant under the Wildlife and Countryside Act 1981. Soil deemed to be contaminated with Japanese knotweed is sighted as controlled waste under the Environmental Protection Act 1990. In recent years lenders have begun declining loans on properties due to the presence of Japanese knotweed on sites. Most buildings insurance policies do not cover damage and problems caused by Japanese knotweed.

Close up of Japanese knotweedJapanese knotweed can damage ruin gardens, drains, paths paving, walls and out buildings. In rare and exceptional cases it has been reported to affect foundations and floors.
It can be treated in a number of ways. Herbicides can be applied, but this is usually necessary over a number of years. This is most economic, but not always effective. Excavation of contaminated soil is also employed, but soil must be disposed of as hazardous waste and the depth of the root system can mean excavation and disposal amounts to serious costs. Experiments with introduced grazing insects are being trialled, but there are obvious unknowns with introducing non-native insects into the environment. Japanese knotweed being the case in point.

The presence of Japanese knotweed is likely to affect the value of a property and remediation is expensive. Caught early enough and not disrupted the plant can be eradicated before it spreads.

I took these photo’s at a property in Bath. Unfortunately the knotweed had taken root outside the rear of the property. The building occupant was pleased he was only renting the property. The landlord and neighbours are likely to have a very different view on it.

Filed Under: Building pathology, building survey, Building Surveying, Defects, Insurance reinstatement, Newbury, Party Wall Tagged With: , , , , , , , ,