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

Multiple Party Wall Awards

August 27, 2014 By

party wallWe undertook an instruction as Party Wall Surveyor to act on behalf of a building owner who was developing a site in Newbury.

The site itself was bounded by some residential properties at the front and a commercial property to the rear. The residential property at the front also had a retail unit on the ground floor.

To properly undertake the instruction notice was required to be served to all adjoining owners with an interest in the property. This included the freeholder of the residential units, the leaseholder of the retail unit and the freeholder of the commercial unit to the rear. Fortunately, the leaseholder and the freeholder of the commercial unit were the same party.

All parties dissented to works and required the appointment of their own surveyor to act on their behalf. In actuality, one of the adjoining owner’s surveyors acted on behalf of two parties, with a second adjoining owner acting on behalf of the other party.

Three separate Party Wall Awards were required to be issued. In order to minimise the cost to our appointing owner who would be responsible for all fees, we made assessment of adjoining owner’s fees and agreed a reasonable rate. We also organised to meet all surveyors out on site on the same day, to minimise time on site while discussing the critical issues that needed to form the basis of the Party Wall Award.

Without our professional input, the developer may have found difficulty in identifying the correct parties to serve the notice on, issue applicable notices, liaise with adjoining owner’s surveyors and form a Party Wall Agreement.

It is often thought by building owners that the Party Wall process is easily managed by themselves but we have often found that parties that have issued notice have issued invalid notice, which can delay works or can become confounded by the detail surrounding the Party Wall Act and can quickly find themselves out of their depth when matters become more complex.

If you have any Party Wall issues, please contact us for advice on 01635 579208 or complete the form below and we’ll get in touch.

Contact Us

Fill in the below form to contact us today.

  • If you are requesting a survey quotation please provide the address and postcode of the property.
  • This field is for validation purposes and should be left unchanged.

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

Clear Party Wall Explanation

July 23, 2014 By

Party WallWe recently were instructed to act as a building owner’s Party Wall surveyor near Reading. On receiving the plans from the building owner’s architect, we were able to make a full assessment of the types of notices required and duly issued them to the adjoining owners.

On issuing the notices we also provided a cover letter explaining, in less formal terms, the implications of the works required, how these would affect the adjoining owners, as well as providing a full and clear description of the Party Wall process. In doing so we demonstrated to the adjoining owners exactly what was involved and what their options were. The adjoining owners were content with the explanation.

The clear and concise way in which we dealt with issuing notices meant that the adjoining owners were satisfied that they understood what was involved. As a result, they consented to the works without a Party Wall Award needing to be in place prior to commencement. This in turn saved our client (the building owner) money in terms of Party Wall Surveyor fees.

We strongly believe that Party Wall issues should be dealt with in a professional and transparent manner and in accordance with spirit of the Party Wall Award Etc. Act 1986.

It is our duty as Party Wall surveyors to provide clear and concise advice and to minimise accruing costs to the owners responsible for paying the fees.

If you require advice on a Party Wall issue, please contact us to discuss it further or complete the form below and we’ll get in touch.

Contact Us

Fill in the below form to contact us today.

  • If you are requesting a survey quotation please provide the address and postcode of the property.
  • This field is for validation purposes and should be left unchanged.

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

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.

Contact Us

Fill in the below form to contact us today.

  • If you are requesting a survey quotation please provide the address and postcode of the property.
  • This field is for validation purposes and should be left unchanged.

Filed Under: building survey, Building Surveying, Construction, Defects, Newbury, 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: , , , , , , , , , , , , , , , , , , , , , , , ,