Issuing Party Wall Notification

June 19, 2014 By

Terraced housingWe were recently instructed to act as Party Wall Surveyors in Pangbourne. We were acting on behalf of the building owner to issue party wall notices to two adjoining owners on a Victorian Terrace.

Our client had already approached their neighbours and explained to them the works to be undertaken, then requested we issue formal notification of works to them.

Sometimes, as in this case where there is more than one adjoining owner, party wall notification can be more complicated. It is our role to determine who has an interest in the adjoining properties and which are the correct notices to serve under the Party Wall Etc Act 1996.

Our client had quite a tight deadline in which they wanted the Party Wall Agreements to be in place, as their appointed building contractor had an extremely busy schedule. So we acted efficiently and effectively to ensure everything was in place.

If you would like any advice regarding the Party Wall Etc Act 1996, please contact us on 01635 579 208, or complete the form below with your enquiry.

For further reading on Party Walls read our Understanding a Party Wall page.

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

The Case of the Missing Party Wall

May 15, 2014 By

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.

Filed Under: building survey, Building Surveying, Defects, Party Wall, Residential, RICS, West Berkshire Tagged With: , , , , , , , , , , , , , , , , , , , ,

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

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

Six Steps to a Party Wall Award

September 20, 2012 By

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.

Filed Under: building survey, Building Surveying, Landlords, Newbury, Party Wall Tagged With: , , , , , , , , , , , , , , , , , , ,

Expert Solutions to Avoid Party Wall Act Missteps

November 11, 2011 By
These arguing neighbours could have avoided Party Wall Act missteps by clearer communication.

Navigating the Party Wall etc. Act 1996 to avoid Party Wall Act missteps can be complex, and misunderstandings often lead to disputes between neighbours. This legislation is designed to facilitate construction work affecting shared walls or boundaries while protecting the interests of both property owners. However, common pitfalls can cause unnecessary conflicts. Understanding these issues and how to avoid them is crucial for a smooth construction process.

Misinterpretation of the Act’s Purpose

A prevalent misconception is that the Party Wall Act serves as a tool to halt neighboring construction projects. In reality, the Act empowers property owners to undertake specific works on party walls or structures, provided they adhere to the established procedures. It’s not intended as a means to obstruct lawful construction but to ensure that such activities are conducted considerately and with due notice.

Importance of Early Communication to prevent Party Wall Act missteps

Many disputes arise from a lack of early communication. Neighbours often first learn of impending construction when work commences or upon receiving a planning notice. This surprise can lead to resistance and attempts to use the Act to stop the work. Proactively discussing plans with adjoining owners before initiating work fosters goodwill and can prevent misunderstandings.

Role of the Party Wall Surveyor

Appointing a Party Wall Surveyor is a key step in the process. It’s essential to understand that once appointed, the surveyor acts impartially, focusing on the integrity of the party wall rather than representing the appointing party’s interests. This neutrality ensures that the Party Wall Award—a document outlining the rights to execute work and the conditions for such work—is fair and legally sound. Challenging the terms of an award can only be done through the county court, underscoring the importance of the surveyor’s impartiality.

Consequences of Non-Compliance

Failing to serve proper notices or neglecting to secure a Party Wall Award can lead to significant issues. Without an award, any damage to the adjoining property may result in costly legal disputes. The expenses associated with surveyor fees are minimal compared to potential legal costs arising from non-compliance.

Best Practices for Building Owners to avoid Party Wall Act missteps

  • Initiate Dialogue Early: Engage with your neighbors about your construction plans well before work begins. Explain the scope and purpose of the project to build trust and transparency.
  • Issue Timely Notices: Serve the appropriate Party Wall Notices in advance, allowing neighbors sufficient time to respond and participate in the process.
  • Conduct a Schedule of Condition: Even if no disputes are anticipated, documenting the existing condition of adjoining properties provides a reference point should any issues arise during construction.

By adhering to these practices, building owners can minimize disputes and maintain positive relationships with their neighbours. Remember, after the construction dust settles, fostering good neighbourly relations is invaluable.

For expert advice on party wall matters, contact RMA Surveyors. We offer initial free consultations to assess your requirements and guide you through the process.

Further Reading:

These resources provide comprehensive insights into the Party Wall Act and its application.

Filed Under: Party Wall, Uncategorized Tagged With: , , , , ,