White & Lloyd https://www.wlbuildingsurveyors.co.uk/ Building Surveyors Thu, 12 Dec 2019 13:58:09 +0000 en-GB hourly 1 https://wordpress.org/?v=6.1.7 https://www.wlbuildingsurveyors.co.uk/wp-content/uploads/2019/12/cropped-favicon-32x32.png White & Lloyd https://www.wlbuildingsurveyors.co.uk/ 32 32 What if I fail to comply with the Party Wall Act? Can a Party Wall Notice be served retrospectively? https://www.wlbuildingsurveyors.co.uk/2019/09/what-if-i-fail-to-comply-with-the-party-wall-act/ Wed, 04 Sep 2019 08:50:28 +0000 https://www.wlbuildingsurveyors.co.uk/?p=208344 The post What if I fail to comply with the Party Wall Act? Can a Party Wall Notice be served retrospectively? appeared first on White & Lloyd.

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What if I fail to comply with the Party Wall Act? Can a Party Wall Notice be served retrospectively?

It is not in your interests to avoid compliance with the Party Wall Act. Should any damage occur to neighbouring property that can be attributed to the works, it is incumbent on the building owner to fix it and pay for the repairs. The onus of proof that the damage was caused by the works also sits squarely on the shoulders of the building owner, rather than the neighbour. It wouldn’t be the first time that a neighbour claims that cracks have occurred as a result of the works and that is far harder to disprove if a Schedule of Condition was not carried out prior to works commencing.

Neighbours cannot prevent work from starting or deny access for you or your contractors if you comply with the terms of the Party Wall Act and the Agreement.

However, if you fail to comply with the Act, then your neighbour is entitled to take legal action against you

What if I fail to comply with the Party Wall Act?
Neighbours cannot prevent work from starting or deny access for you or your contractors if you comply with the terms of the Party Wall Act and the Agreement. However, if you fail to comply with the Act, then your neighbour is entitled to take legal action against you. An injunction can be issued to prevent any further work from taking place until such time as an Agreement is in place. The legal cost of this injunction would fall to you. Neighbours may also seek compensation to redress any losses they have suffered as a result of the works, and worst-case scenario is that a requirement can be sought to remove the work. Unfortunately, Party Wall Notices cannot be served retrospectively, i.e. once the work has been done. There are, of course, circumstances where plans and works need to change…if you have complied with the Agreement then you should be able to simply submit revised drawings and details to your neighbours without having to serve a new notice or renegotiate the Agreement. The Agreement does not override the need for other consents or amendments to other consents, such as planning permission or Building Regulations consent, so always worth checking with your Planning Office and Building Inspector. Whilst compliance with the Party Wall Act undoubtedly incurs a cost, the fees and time are considerably less in the long run than those which could be incurred without it.

We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London. We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

Send us a Message

Head Office

Devon House 11 High Street Thames Ditton, Surrey KT7 0SD 0208 191 7747 office@whiteandlloyd.com

London Office

Chester house 81-83 Fulham High Street Fulham Green, Fulham SW6 3JA 0203 637 2213

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Can a neighbour refuse party wall agreement? https://www.wlbuildingsurveyors.co.uk/2019/08/can-a-party-wall-agreement-be-refused/ https://www.wlbuildingsurveyors.co.uk/2019/08/can-a-party-wall-agreement-be-refused/#respond Wed, 28 Aug 2019 11:23:05 +0000 https://www.wlbuildingsurveyors.co.uk/?p=208336 The post Can a neighbour refuse party wall agreement? appeared first on White & Lloyd.

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Party Wall Agreements are designed to help you undertake work to your property while protecting the interests of your neighbours. They commonly cover works to shared or boundary walls between semi-detached or terraced houses or floors between flats, as well as work that may affect structures within 3-6 metres of the neighbouring property.

A notice, including full details of the works, timescales and building owners details, is served in writing to neighbouring properties at least two months before work starts. Work can begin once an agreement has been confirmed.

Can a neighbour refuse a party wall agreement?

Neighbours affected usually have 14 days to respond to the notice. They can either give their consent or they can refuse to agree and are then deemed to be in dispute. Your neighbours may issue a counter-notice in which they stipulate certain alterations to the works. In the first instance, try and negotiate any areas of difference and come to an agreement. Any amended terms should be in writing and an exchange of letters is advised to confirm agreement.

If an agreement cannot be reached between neighbours, a Party Wall Surveyor will need to be instructed to settle the dispute by producing a Party Wall Award. The surveyor becomes essentially an impartial mediator between the parties and will set out the details of the work. Whilst it is always hoped that the neighbour will agree to use the same surveyor (thereby saving on fees), they have the right to appoint their own surveyor at your expense. Should both sides still fail to agree, then a third surveyor is appointed as an adjudicator.

If work starts before the Party Wall Award is in place, your neighbour can serve an injunction to stop any works that may affect their property until such time as an Award is served.

However, ultimately if you comply with the terms of the Party Wall Act, then the neighbours cannot prevent work from commencing or deny reasonable access for you or your contractors to undertake the notifiable works. When works begin, avoid causing any unnecessary inconvenience to your neighbours and protect their property from any damage that may be caused by the works. Should any damage occur that can be attributed to the works, then you will be required to fix and pay for that damage.

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What is a Party Wall Agreement? https://www.wlbuildingsurveyors.co.uk/2019/07/what-is-a-party-wall-agreement/ https://www.wlbuildingsurveyors.co.uk/2019/07/what-is-a-party-wall-agreement/#respond Fri, 12 Jul 2019 10:30:05 +0000 https://www.wlbuildingsurveyors.co.uk/?p=208312 A Party Wall Agreement relates to a party wall, which is a wall or structure that divides or is shared between two (or more) properties.  The ownership of each property usually extends to the centre of the dividing wall. Party Wall Agreements are covered by the Party Wall Act 1996, which seeks to enable property […]

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A Party Wall Agreement relates to a party wall, which is a wall or structure that divides or is shared between two (or more) properties.  The ownership of each property usually extends to the centre of the dividing wall.

Party Wall Agreements are covered by the Party Wall Act 1996, which seeks to enable property owners to undertake works to their property while protecting the interests of neighbours.  Notices are served on neighbouring properties that may be affected before any works begin.

These Agreements are most commonly used when building house extensions or basement/loft conversions next to an adjoining property.  They cover structures such as boundary walls and shared walls between semi-detached or terraced houses, and floors between flats.  However, these agreements can also be applied to any work that is being carried out within 3-6 metres of a neighbouring structure, if operations such as foundation excavation are deemed to have an impact on a neighbouring property.

The Party Wall Agreement will include:

  • How the works should progress, including working hours;
  • Drawings and construction details of the proposed works;
  • Schedule of condition of the neighbouring property;
  • Contractor’s public liability insurance details;
  • Any indemnities;
  • Surveyors details and access arrangements.

Work commonly covered by the Party Wall Agreement include:

  • Excavation of foundations that may encroach close to and beneath adjoining structures and within 3-6 metres of a neighbouring property;
  • Cutting into a wall to take a structural beam (such as for a loft conversion);
  • Inserting damp proof membranes or flashings that may ‘encroach’ onto a neighbouring roof or building;
  • Alterations to a party wall, such as increases in height or thickness;
  • Demolition and rebuilding of a party wall;
  • Underpinning of a party wall.

Minor works such as drilling to hang pictures or shelves or chasing out for new wiring or sockets in a shared wall between properties does not usually require any Party Wall Agreement.

So basically, if you are doing any building or structural work on or near a wall/boundary you share with a neighbour, you are likely to need a Party Wall Agreement.

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How Much Does a Party Wall Agreement Cost? https://www.wlbuildingsurveyors.co.uk/2019/06/how-much-is-a-party-wall-agreement/ Thu, 06 Jun 2019 10:01:49 +0000 https://www.wlbuildingsurveyors.co.uk/?p=208256 The post How Much Does a Party Wall Agreement Cost? appeared first on White & Lloyd.

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How Much Does a Party Wall Agreement cost?

The cost of a party wall agreement will depend on the type of project being carried out and the quality of the design information in place. The cost is determined by the surveyors hourly rate and the amount of time they are required to spend to put the awards in place. Most party wall surveyors charge a fixed hourly rate for all party wall matters, this will typically range from £120 – £250 per hour.

THE EXPECTED HOURS AND COSTS FOR A PARTY WALL AGREEMENT WOULD BE:

TWO APPOINTED SURVEYORS
Project Type Building Owners SurveyorAdjoining Owners SurveyorTotal Cost
(per agreement)
Loft Conversion6 to 8 hours
£900 to £1200
6 to 8 hours
£900 to £1200
£1800 to £2400
Extension8 to 10 hours
£1200 to £1500
8 to 10 hours
£1200 to £1500
£2400 to £3000
New Build10 to 12 hours
£1500 to £1800
10 to 12 hours
£1500 to £1800
£3000 to £3600
Basement12 to 18 hours
£1800 to £2700
12 to 18 hours
£1800 to £2700
£3600 to £5400

Assumes an hourly rate of £150 per hour.

AGREED SURVEYOR
Project Type Agreed SurveyorTotal Cost
(per agreement)
Loft Conversion6 to 8 hours
£900 to £1200
Extension8 to 10 hours

£1200 to £1500
New Build10 to 12 hours

£1500 to £1800
Basement12 to 18 hours
£1800 to £2700

Assumes an hourly rate of £150 per hour.

The number of hours involved will depend on:
  1. The quality and completeness of the design information
  2. The complexity of the project
  3. The level of risk of damage on the adjoining property
  4. The quality and completeness of the draft award and schedule of condition prepared by the building owners surveyor
  5. Whether a matter has had to be referred to the Third Surveyor

It should be noted that there is no upper limit on the costs, as long as fees are reasonable.

Once the awards are agreed the surveyors will apportion the “reasonable” fees. In usual circumstances fees will be payable by the building owner.

WHAT IF SURVEYORS FEES ARE NOT REASONABLE?
It falls to the building owners surveyor to determine whether or not the adjoining owners surveyors fees are reasonable. If there is concern then surveyors will review timesheets and ensure that all time spent is within the surveyors remit and in direct relation to the work being carried out.

If there is concern over the fees then the matter may be referred to the third surveyor for a determination.

If an award is served containing unreasonable fees then it may be appealed, in the County Court, within 14 days of being served.

This action can incur additional cost, we always recommend that specialist advice is sought before referring a matter to the third surveyor or appealing an award.

We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London.

We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

Send us a Message

Head Office

Devon House
11 High Street
Thames Ditton, Surrey
KT7 0SD
0208 191 7747

office@whiteandlloyd.com

London Office

Chester house
81-83 Fulham High Street
Fulham Green, Fulham
SW6 3JA
0203 637 2213

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WHEN IS A PARTY WALL AGREEMENT REQUIRED? https://www.wlbuildingsurveyors.co.uk/2019/06/when-is-a-party-wall-agreement-required/ Thu, 06 Jun 2019 09:41:04 +0000 https://www.wlbuildingsurveyors.co.uk/?p=208251 The post WHEN IS A PARTY WALL AGREEMENT REQUIRED? appeared first on White & Lloyd.

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WHEN IS A PARTY WALL AGREEMENT REQUIRED?

 

The Party Wall etc Act 1996 provides a procedure to follow when building work is likely to impact the adjoining properties. Work involving alterations to a party wall, excavations close to neighbouring buildings, or new walls built on or astride a boundary line will fall under The Party Wall Act, meaning a notice needs to be served on the adjoining owners before work can start.

Where the adjoining owner receives a notice but does not ‘agree’ in writing to the works, a surveyor or surveyors will need to produce an agreement (usually called an Award) to set out the terms under which the work can proceed.

What is covered by the Act?

There are certain items of work that you can only be done after notifying the adjoining owners and either receiving written agreement of the neighbour or with a Party Wall Award prepared by a surveyor/s.

Notifiable works include (but are not limited to):

  • cutting into a wall to take the bearing of a beam, for example for a loft conversion
  • inserting a damp proof course, even if only to your own side of a party wall
  • raising a party wall and, if necessary, cutting off any objects preventing this from happening
  • demolishing and rebuilding a party wall
  • underpinning a party wall or part of a party wall
  • weathering the junction of adjoining walls or buildings by cutting a flashing into an adjoining building
  • excavating foundations within three metres of a neighbour’s structure and lower than its foundations
  • excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45° from the bottom of its foundations.

Notices are also required if it is proposed to build a new wall on the line of junction (boundary line). A party wall surveyor will usually be able to confirm which work is notifiable and advice the notice period and type of notice required.

WHICH WORK IS NOT COVERED BY THE ACT?

The Act relates only to certain specific types of work and is permissive in nature. It should not be seen as a method of objecting to or preventing works and it is not intended to be applied to minor jobs that do not affect the structural integrity or loading of a party wall.

It is generally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not require a notice.

Notices

The workings of the Act are always instigated by the of issuing notices. This is the first stage of the process and, without the issue of valid notices, no further action can be taken under the provision of the Act.

Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each property (ie: if the adjoining property is split into flats and owned on a leasehold basis, notices will be required to both leaseholder and freeholder of all flats affected by the works). Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.

It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. If you are in any doubt as to who should receive a notice or what it should include then you should seek advice from a party wall surveyor – most will be happy to help free of charge.

Responses To Notices

On receipt of a notice, an adjoining owner has three possible courses of action:

  1. To consent to the works going ahead as described. A consenting Adjoining Owner retains all rights under the Act including the right to appoint a surveyor later in the process if there is a dispute at that stage.
  2. To dissent and appoint a surveyor. The Act allows the Owners to concur in the appointment of a single ‘Agreed’ surveyor or appoint their own separate surveyor.
  3. Issue a counter notice to set out certain conditions required for the benefit of the Adjoining Owner. The Counter Notice should set out what additional or modified work the Adjoining Owner would like to be included for his benefit

In most cases, if the adjoining does not respond within 14 days then a deemed dispute is said to have occurred and the person carrying out the work must appoint a surveyor to act on the adjoining owners behalf.

If adjoining owners provide written consent to the works as set out within the notices, then there is no dispute to resolve and no further need for a party wall agreement. Assuming work proceeds as detailed within the notice and no damage is caused, then no further involvement is necessary.

THE PARTY WALL AGREEMENT (AWARD)

If adjoining owners dissent to the works (or if no response is received and a deemed dissent has arisen) then a dispute has occurred which must be resolved under the requirements of Section 10 of The Act. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage. Where written agreement is not given, the solution the Act provides is for both parties to appoint an ‘agreed surveyor’ who will act impartially or for each owner to appoint a surveyor who in turn appoint a third surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

The award will usually record the condition of the relevant part of adjoining property before work begins (this is not a requirement under the Act but is considered good practice and is duly provided by most good surveyors). The award may also grant access to both properties so that the works can be safely carried out and the surveyor/s can inspect work in progress.

Generally, the building owner who started the work pays for all expenses of work and the reasonable costs incurred by all parties as a result, this will include the surveyors fees for both Building Owner and Adjoining Owner.

We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London.

We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

Send us a Message

Head Office

Devon House
11 High Street
Thames Ditton, Surrey
KT7 0SD
0208 191 7747

office@whiteandlloyd.com

London Office

Chester house
81-83 Fulham High Street
Fulham Green, Fulham
SW6 3JA
0203 637 2213

The post WHEN IS A PARTY WALL AGREEMENT REQUIRED? appeared first on White & Lloyd.

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How To Reduce Party Wall Costs https://www.wlbuildingsurveyors.co.uk/2019/06/how-to-reduce-party-wall-costs/ Thu, 06 Jun 2019 09:38:26 +0000 https://www.wlbuildingsurveyors.co.uk/?p=208245 The post How To Reduce Party Wall Costs appeared first on White & Lloyd.

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How To Reduce Party Wall Costs

The cost of a party wall agreement will depend on the type of project being carried out, the quality of the design information in place and the number of surveyors involved. The cost is determined by the surveyors hourly rate and the amount of time they are required to spend to put the awards in place. The cost of the party wall process will be reduced if surveyors hours can be kept to a minimum.

How To Reduce Party Wall Costs

DISCUSS THE WORKS WITH THE ADJOINING OWNERS BEFORE SERVING NOTICE:

The easiest, quickest and cheapest way to reach a party wall agreement is to receive the consent of the adjoining owners.

If a notice has been served, and the adjoining owners provide a written consent, then this is the end of the process.

We strongly recommend that building owners discuss their works with the adjoining owners, outlining the specific aspects that may affect them.

Adjoining owners are far more likely to consent if they understand the works and the reason for serving notice.

It is worth bearing in mind that the two parties (building owner and adjoining owner) are free to reach any agreement they want. It is perfectly valid for an adjoining owner to consent on the basis that the building owners provides something in return. 

This could be:

  • A survey of the adjoining property
  • A promise to repair the fence
  • A bottle of wine
  • A future consent to future work by the adjoining owner
  • Anything that both parties decide
USE AN AGREED SURVEYOR WHERE POSSIBLE
Less complex jobs are most efficiently dealt with by an agreed surveyor (where one surveyor acts for both parties). This route needs the agreement of all parties (both property owners and the surveyor in question) but it usually represents the quickest and most cost effective means of putting a party wall agreement in place.

The agreed surveyor route means the building owner is liable for one set of fees rather than two, so it is worth discussing with the adjoining owner to see if this is a viable option.

APPOINT A COMPETENT DESIGN TEAM
It is worth checking the competency and experience of the design team before appointing them. Incomplete or poorly considered designs can delay the party wall process and add a significant cost.

Competent architects and engineers should be aware of the information that is required for the party wall agreement. If there is any doubt then you should pass the design information to a party wall surveyor for comments on its adequacy before starting the party wall process.

APPOINT A COMPETENT PARTY WALL SURVEYOR

Costs will be higher if the adjoining owners surveyor is spending significant amounts of time correcting mistakes or poorly presented information form the building owners surveyor.

The building owners surveyor is usually responsible for:

  1. Preparing and sending notices
  2. Preparing the schedule of condition
  3. Preparing the draft award
  4. Reviewing design information before sending on
  5. Preparing the document register

If the one surveyor is spending time correcting mistakes made by the other then costs will be higher.

It is therefore worth checking the accreditation and experience of a surveyor before appointing them.

Do not be put off by a higher hourly rate. This will usually signify greater competency and experience so the process should go through quicker and smoother, meaning a lower total cost.

BE PREPARED TO COMPROMISE
A party wall agreement often turns into a negotiation, whereby the adjoining owners may have specific concerns they would like addressed (often revolving around hours of work, location of scaffolding, the use of protective hoarding…etc).

Often the cost of enforcing a particular point can outweigh the cost of agreeing to it, so a flexible and conciliatory approach can be an effective way of minimising costs.

WHAT IF SURVEYORS FEES ARE NOT REASONABLE?
It falls to the building owners surveyor to determine whether or not the adjoining owners surveyors fees are reasonable. If there is concern then surveyors will review timesheets and ensure that all time spent is within the surveyors remit and in direct relation to the work being carried out.

If there is concern over the fees then the matter may be referred to the third surveyor for a determination.

If an award is served containing unreasonable fees then it may be appealed, in the County Court, within 14 days of being served.

This action can incur additional cost and we always recommend that specialist advice is sought before referring a matter to the third surveyor or appealing an award.

We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London.

We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

Send us a Message

Head Office

Devon House
11 High Street
Thames Ditton, Surrey
KT7 0SD
0208 191 7747

office@whiteandlloyd.com

London Office

Chester house
81-83 Fulham High Street
Fulham Green, Fulham
SW6 3JA
0203 637 2213

The post How To Reduce Party Wall Costs appeared first on White & Lloyd.

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Party Wall Surveying London: All You Need To Know https://www.wlbuildingsurveyors.co.uk/2019/03/party-wall-surveyor-london/ Tue, 19 Mar 2019 18:00:36 +0000 https://www.wlbuildingsurveyors.co.uk/?p=208167 The post Party Wall Surveying London: All You Need To Know appeared first on White & Lloyd.

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Party Wall Surveying Surrey:

All You Need To Know

We appreciate people carrying out building works in London have the requirements of The Party Wall Act thrust upon them. We also understand it can be a daunting process for those that have not experienced it before.

We are party wall surveyors in London, Surrey and we have recently worked to resolve party wall disputes in Fulham, Putney, Battersea and Clapham. We are pleased to provide a local and relevant  explanation of party walls and The Party Wall Act.

What is a party wall?

Party walls are usually walls built on the land of two owners. They separate buildings belonging to different owners and could also include garden walls built astride a boundary – known as party fence walls.

Party Walls in South West London are most commonly found separating the Victorian terraced housing.  The owners on both sides of the wall have rights over it, this is why The Party Wall Act exists.

What is a party wall act?

The Party Wall etc Act 1996 provides a procedure to follow when building work is likely to affect neighbouring properties. The Act enables owners to carry out works to a party wall, whilst at the same time protecting the interests of anyone else who might be affected by that work. The Act is designed to avoid or minimise disputes by making sure property owners notify their neighbours in advance of certain proposed works.

The Act provides a mechanism for resolving disputes and enabling works to proceed. It also requires that, where the adjoining owner does not ‘agree’ in writing to the works, a surveyor or surveyors will determine the time and way in which those works are carried out

What is covered by the Act? ?
The Party Wall Act sets out certain items of work that can only be done after notifying the adjoining owners and either receiving written agreement of the neighbour or with a Party Wall Award prepared by a surveyor.
Notifiable works include (but are not limited to):

  • Cutting into a wall to take the bearing of a beam, for example for a loft conversion
  • Inserting a damp proof course, even if only to your own side of a party wall
  • Raising a party wall and, if necessary, cutting off any objects preventing this from happening
  • Demolishing and rebuilding a party wall
  • Underpinning a party wall or part of a party wall
  • Weathering the junction of adjoining walls or buildings by cutting a flashing into an adjoining building
  • Excavating foundations within three metres of a neighbour’s structure and lower than its foundations
  • Excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45° from the bottom of its foundations.
  • Notices are also required if it is proposed to build a new wall on the line of junction (boundary line). Our surveyors will be happy to confirm which work is notifiable and advice the notice period and type of notice required.
Work Not Covered By The Act?
The Party Wall Act is not intended to be applied to minor jobs that do not affect the structural integrity or loading of a party wall.

It is generally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not require a notice. If you are in London, and you have any doubt if your works require a notice to be served, please speak to our surveyors.

Notices
The workings of the Act are always instigated by the of issuing notices.

Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each. Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.

It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. Our surveyors are experienced at serving notices in London and Surrey. Please contact our Fulham office or our Thames Ditton office if you need any help.

Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

Responses To Notices
On receipt of a notice, an adjoining owner has three possible courses of action:

  1. To consent to the works going ahead as described. A consenting Adjoining Owner retains all rights under the Act including the right to appoint a surveyor later in the process if there is a dispute at that stage.
  2. To dissent and appoint a surveyor. The Act allows the Owners to concur in the appointment of a single ‘Agreed’ surveyor or appoint their own separate surveyor.
  3. Issue a counter notice to set out certain conditions required for the benefit of the Adjoining Owner. The Counter Notice should set out what additional or modified work the Adjoining Owner would like to be included for his benefit

In most cases, if the adjoining does not respond within 14 days then a deemed dispute is said to have occurred and the person carrying out the work must appoint a surveyor to act on the adjoining owners behalf.
If adjoining owners provide written consent to the works as set out within the notices, then there is no dispute to resolve and no further need for party wall surveyors. Assuming work proceeds as detailed within the notice and no damage is caused, then no further involvement is necessary.

Resolving Disputes
If adjoining owners dissent to the works then a dispute has occurred which must be resolved to allow works to proceed. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage.

Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

The Party Wall Award
The award will usually record the condition of the relevant part of adjoining property before work begins (this is not a requirement under the Act but is considered good practice and is duly provided by most good surveyors). This survey of the adjoining properties is particularly important in London where there are often several properties in close proximity, and therefore a higher chance of works affecting neighbours.

The award may also grant access to both properties so that the works can be safely carried out and the surveyor/s can inspect work in progress.

Generally, the building owner who started the work pays for all expenses of work and the reasonable costs incurred by all parties as a result, this will include the surveyors fees for both Building Owner and Adjoining Owner.

We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London.

We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

Send us a Message

Head Office

Devon House
11 High Street
Thames Ditton, Surrey
KT7 0SD
0208 191 7747

office@whiteandlloyd.com

London Office

Chester house
81-83 Fulham High Street
Fulham Green, Fulham
SW6 3JA
0203 637 2213

The post Party Wall Surveying London: All You Need To Know appeared first on White & Lloyd.

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Can My Neighbour Build On A Boundary Wall? https://www.wlbuildingsurveyors.co.uk/2019/03/can-my-neighour-build-on-a-boundary-wall/ Tue, 19 Mar 2019 16:58:55 +0000 https://www.wlbuildingsurveyors.co.uk/?p=208160 The post Can My Neighbour Build On A Boundary Wall? appeared first on White & Lloyd.

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Party Wall Surveying Surrey:

All You Need To Know

We appreciate people carrying out building works in Surrey have the requirements of The Party Wall Act thrust upon them. We also understand it can be a daunting process for those that have not experienced it before.

We are party wall surveyors in Thames Ditton, Surrey and we have recently worked to resolve party wall disputes in Esher, Kingston, Weybridge and Guildford. We are pleased to provide a local and relevant  explanation of party walls and The Party Wall Act.

What is a party wall?

Party walls are usually walls built on the land of two owners. They separate buildings belonging to different owners and could also include garden walls built astride a boundary – known as party fence walls.

Can My Neighbour Build On A Boundary Wall?

The short answer is “yes, subject to serving a valid notice and following the processes set out in The Party Wall Act.
Boundary walls are referred to in the Act as “Party Fence Walls”. The definition set out for a party fence wall is:

“a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands”

The party wall act only applies to “structures” (ie: a wall with a foundation), it does not apply to timber fences or other screens.

What Rights Does My Neighbour Have?

Section 2 of the Act provides the following rights to people wishing to alter a boundary wall:

  • To underpin, thicken or raise a party fence wall
  • To make good, repair, or demolish and rebuild, a party fence wall in a case where such work is necessary on account of defect or want of repair of the structure or wall
  • To demolish a party structure which is of insufficient strength or height for the purposes of any intended building and to rebuild it of sufficient strength or height for the said purposes (including rebuilding to a lesser height or thickness where the rebuilt structure is of sufficient strength and height for the purposes of any adjoining owner)
  • To cut into a party structure for any purpose (which may be or include the purpose of inserting a damp proof course)
  • To cut away any footing or any projection in order to erect, raise or underpin any such wall or for any other purpose
  • To cut away or demolish parts of any wall or building overhanging the land of the building owner, to enable a vertical wall to be erected or raised
  • To raise a party fence wall or to demolish and rebuild a party fence wall
  • Before carrying out this work, the person wishing to do so (known as the building owner) must serve a valid notice to clearly set out what they intend to do.
Notices

The workings of the Act are always instigated by the of issuing notices.

Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each. Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.

It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. Our surveyors are experienced at serving notices in London and Surrey. Please contact our Fulham office or our Thames Ditton office if you need any help.

Resolving Disputes

If adjoining owners dissent to the works then a dispute has occurred which must be resolved to allow works to proceed. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage.

Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

The Party Wall Award

The award will usually record the condition of the relevant part of adjoining property before work begins (this is not a requirement under the Act but is considered good practice and is duly provided by most good surveyors).

The award may also grant access to both properties so that the works can be safely carried out and the surveyor/s can inspect work in progress.

Generally, the building owner who started the work pays for all expenses of work and the reasonable costs incurred by all parties as a result, this will include the surveyors fees for both Building Owner and Adjoining Owner.

We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London.

We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

Send us a Message

Head Office

Devon House
11 High Street
Thames Ditton, Surrey
KT7 0SD
0208 191 7747

office@whiteandlloyd.com

London Office

Chester house
81-83 Fulham High Street
Fulham Green, Fulham
SW6 3JA
0203 637 2213

The post Can My Neighbour Build On A Boundary Wall? appeared first on White & Lloyd.

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Is Your Neighbour Carrying Out Building Work? https://www.wlbuildingsurveyors.co.uk/2019/03/party-wall-surveyor-surrey-london/ Tue, 19 Mar 2019 13:28:16 +0000 https://www.wlbuildingsurveyors.co.uk/?p=208126 The post Is Your Neighbour Carrying Out Building Work? appeared first on White & Lloyd.

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Party Wall Surveying Surrey:

All You Need To Know

We appreciate people carrying out building works in Surrey have the requirements of The Party Wall Act thrust upon them. We also understand it can be a daunting process for those that have not experienced it before.

We are party wall surveyors in Thames Ditton, Surrey and we have recently worked to resolve party wall disputes in Esher, Kingston, Weybridge and Guildford. We are pleased to provide a local and relevant  explanation of party walls and The Party Wall Act.

What is a party wall?

Party walls are usually walls built on the land of two owners. They separate buildings belonging to different owners and could also include garden walls built astride a boundary – known as party fence walls.
Party walls in Surrey are most commonly found in semi detached houses, but they are also found in terraces or garden walls. The owners on both sides of the wall have rights over it, this is why The party Wall Act exists.

What is the Party Wall Act?

The Party Wall etc Act 1996 provides a procedure to follow when building work is likely to affect neighbouring properties. The Act enables owners to carry out works to a party wall, whilst at the same time protecting the interests of anyone else who might be affected by that work. The Act is designed to avoid or minimise disputes by making sure property owners notify their neighbours in advance of certain proposed works.

The Act provides a mechanism for resolving disputes and enabling works to proceed. It also requires that, where the adjoining owner does not ‘agree’ in writing to the works, a surveyor or surveyors will determine the time and way in which those works are carried out.

What is covered by the Act?

The Party Wall Act sets out certain items of work that can only be done after notifying the adjoining owners and either receiving written agreement of the neighbour or with a Party Wall Award prepared by a surveyor.
Notifiable works include (but are not limited to):

 Cutting into a wall to take the bearing of a beam, for example for a loft conversion
 Inserting a damp proof course, even if only to your own side of a party wall
 Raising a party wall and, if necessary, cutting off any objects preventing this from happening
 Demolishing and rebuilding a party wall
 Underpinning a party wall or part of a party wall
 Weathering the junction of adjoining walls or buildings by cutting a flashing into an adjoining building
 Excavating foundations within three metres of a neighbour’s structure and lower than its foundations
 Excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45° from the bottom of its foundations.

Notices are also required if it is proposed to build a new wall on the line of junction (boundary line). Our surveyors will be happy to confirm which work is notifiable and advice the notice period and type of notice required.

Work Not Covered By The Act?

The Party Wall Act is not intended to be applied to minor jobs that do not affect the structural integrity or loading of a party wall.
It is generally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not require a notice. If you are in Surrey, and you have any doubt if your works require a notice to be served, please speak to our surveyors.
Notices
The workings of the Act are always instigated by the of issuing notices.
Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each. Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.
It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. Our surveyors are experienced at serving notices in London and Surrey. Please contact our Fulham office or our Thames Ditton office if you need any help.

Notices

The workings of the Act are always instigated by the of issuing notices.

Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each. Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.
It is essential to include the correct details on a notice as, if they are deemed invalid, then any subsequent actions are also invalid. Our surveyors are experienced at serving notices in London and Surrey. Please contact our Fulham office or our Thames Ditton office if you need any help.

Responses To Notices

On receipt of a notice, an adjoining owner has three possible courses of action:

  1. To consent to the works going ahead as described. A consenting Adjoining Owner retains all rights under the Act including the right to appoint a surveyor later in the process if there is a dispute at that stage.
  2. To dissent and appoint a surveyor. The Act allows the Owners to concur in the appointment of a single ‘Agreed’ surveyor or appoint their own separate surveyor.
  3. Issue a counter notice to set out certain conditions required for the benefit of the Adjoining Owner. The Counter Notice should set out what additional or modified work the Adjoining Owner would like to be included for his benefit
    In most cases, if the adjoining does not respond within 14 days then a deemed dispute is said to have occurred and the person carrying out the work must appoint a surveyor to act on the adjoining owners behalf.

If adjoining owners provide written consent to the works as set out within the notices, then there is no dispute to resolve and no further need for party wall surveyors. Assuming work proceeds as detailed within the notice and no damage is caused, then no further involvement is necessary.

Resolving Disputes

If adjoining owners dissent to the works then a dispute has occurred which must be resolved to allow works to proceed. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage.

Where written agreement is not given, the solution the Act provides is for both parties to appoint a surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

The Party Wall Award

The award will usually record the condition of the relevant part of adjoining property before work begins (this is not a requirement under the Act but is considered good practice and is duly provided by most good surveyors).

The award may also grant access to both properties so that the works can be safely carried out and the surveyor/s can inspect work in progress.

Generally, the building owner who started the work pays for all expenses of work and the reasonable costs incurred by all parties as a result, this will include the surveyors fees for both Building Owner and Adjoining Owner.

We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London.

We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

Send us a Message

Head Office

Devon House
11 High Street
Thames Ditton, Surrey
KT7 0SD
0208 191 7747

office@whiteandlloyd.com

London Office

Chester house
81-83 Fulham High Street
Fulham Green, Fulham
SW6 3JA
0203 637 2213

The post Is Your Neighbour Carrying Out Building Work? appeared first on White & Lloyd.

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How To Get A Party Wall Agreement? https://www.wlbuildingsurveyors.co.uk/2019/03/how-to-get-a-party-wall-agreement/ Thu, 14 Mar 2019 11:28:37 +0000 https://www.wlbuildingsurveyors.co.uk/?p=208109 The post How To Get A Party Wall Agreement? appeared first on White & Lloyd.

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Before carrying out any work notifiable under The Party Wall Act, the building owner must obtain either:

a)     The consent of the adjoining owners, or:

b)     An award (agreement) that sets out the terms under which work can commence.

How To Get A Party Wall Agreement?

On receipt of notices, the adjoining owners have three responses available to them:

  1. Provide consent to the works (no further action necessary)
  2. Dissent to the works (a dispute arises and surveyors are appointed on both sides)
  3. Provide no response at all (in which case a deemed dissent arises, and a surveyor is appointed on behalf of the adjoining owner).

In option 1, if a written consent is received. Then this is considered an agreement and no further action is necessary.

In options 2 & 3, a dispute has arisen. Surveyors are appointed to resolve the dispute and serve an award. This award is often referred to as a party wall agreement as it sets the rights and responsibilities of both

The following article sets out how to get a party wall agreement.

The Process 

If you are a building owner wishing to carry out work, you will need to:

  1. Serve a party wall notice on the adjoining owners affected by the works.
  2. If the adjoining owners consent, then there is no dispute and works can commence once the notice period has run (or sooner if the adjoining owners agree)
  3. If the adjoining owners dissent then there is a dispute which needs to be resolved by surveyors.
  4. Both sides should appoint a surveyor (you can concur on the appointment of a single surveyor if both sides agree).
  5. The two surveyors (or single agreed surveyor) will then consider the works and prepare an award. The award is the agreement that sets out the rights and responsibilities of both parties. It also sets out the terms under which work can proceed.
  6. Once the award is in place then works can commence once the notice period has run.

How to get consent?

The easiest, quickest and cheapest way to reach a party wall agreement is to receive the consent of the adjoining owners.

If a notice has been served, and the adjoining owners provide a written consent, then this is the end of the process.

We strongly recommend that building owners discuss their works with the adjoining owners, outlining the specific aspects that may affect them.

Adjoining owners are far more likely to consent if they understand the works and the reason for serving notice.

It is worth bearing in mind that the two parties (building owner and adjoining owner) are free to reach any agreement they want. It is perfectly valid for an adjoining owner to consent on the basis that the building owners provides something in return. This could be:

  1. A survey of the adjoining property
  2. A promise to repair the fence
  3. A bottle of wine
  4. A future consent to future work by the adjoining owner
  5. Anything that both parties decide

What happens if the neighbour dissents? 

If the adjoining owners dissent to the notice then a “dispute” has arisen in the eyes of the Party Wall Act.

Both parties must appoint a surveyor. The surveyors will check the building plans and discuss any important points with you.

Under The Act, surveyors are required to be impartial, they are working in the best interests of the wall.

The adjoining owners property will be inspected by the surveyor(s) and its existing condition recorded. Should any damage occur during or after the work, the Schedule of Existing Condition is used to prove it is as a result of the works.

The surveyor(s) will then agree the terms under which work can begin. They will also set out any precautions that might need to be taken to protect the adjoining properties.

These terms form the Party Wall Award, a legally binding document which is signed the surveyor(s) and issued to the property owner and the adjoining owner.

The properties are then inspected on completion to check for any damage. If there is damage, then the surveyors will agree how it gets resolved.

We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London.

We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

Send us a Message

Head Office

Devon House
11 High Street
Thames Ditton, Surrey
KT7 0SD
0208 191 7747

office@whiteandlloyd.com

London Office

Chester house
81-83 Fulham High Street
Fulham Green, Fulham
SW6 3JA
0203 637 2213

The post How To Get A Party Wall Agreement? appeared first on White & Lloyd.

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