Designing Buildings - User contributions [en]

User:Iconsurveyors

2022-06-23T07:10:06Z

Iconsurveyors:

We undertake Residential Surveying work throughout England & Wales. We specialise in [https://iconsurveyors.co.uk/party-wall-agreement Party Wall Agreement], Boundary Surveying, Building Surveying and Valuation.

We are Building Surveyors to the core. However, we are Party Wall Surveying Specialists through our vast experience and knowledge.

Our Surveyors are results-driven, ensuring through our assistance and hard work you achieve the best possible outcome and result, whatever your property matter.

Party Wall Injunction

2022-06-23T07:08:17Z

Iconsurveyors: Created page with "== What is a "Party Wall Injunction"? == In the simplest of terms, a ‘Party Wall Injunction’, is an (interim) Court Order that instructs the recipient wrongdoer to..."

== What is a "Party Wall Injunction"? ==

In the simplest of terms, a ‘Party Wall Injunction’, is an (interim) Court Order that instructs the recipient wrongdoer to carry out (Mandatory Injunction), or, refrain from carrying out (Prohibitory Injunction), a specific action pertaining to the [https://iconsurveyors.co.uk/what-is-the-party-wall-act Party Wall etc. Act 1996]. (PWA)

As a ‘Party Wall injunction’ is a remedy for wrongdoing under the Act, a court must be satisfied that the issues before it are;

* of a serious nature, for example, trespass, risk of damage and/or unlawful interference with another owner/tenant’s rights;
* that damages would not adequately resolve the issues before the court, in other words, damages might not prevent a party from trespassing or unlawfully interfering with another person’s rights; and
* there is a balance of convenience to the parties, that is to say, that the factors of the case and the parties' rights are evenly balanced.

Thus, a court would be highly unlikely to grant an injunction to an adjoining neighbour whose actions in prohibiting access to a building owner who has served a [https://iconsurveyors.co.uk/do-i-need-to-serve-a-party-wall-notice Party Wall Notice] and obtained a Party Wall Award, have caused unnecessary delay and expense to the building owner.

If, on the other hand, a building owner failed to serve a [https://iconsurveyors.co.uk/service-of-party-wall-notices Party Wall Notice for notifiable works] being carried out under the Act, a court would be more likely than not to grant an injunctive order.

== When should Injunctive Relief be Sought? ==

Generally speaking, there are two situations in which an application to a court for the remedy of a ‘Party Wall Injunction’ is usually sought.

The first is when there has been a clear breach of the Act. 
An example might be [https://iconsurveyors.co.uk/common-types-of-work-covered-by-the-party-wall-act-1996 notifiable works] that are being carried out in accordance with sections 1, 2 and 6 of the Act. A building owner, who proposes to carry out works under the above stated sections of the Act, has a statutory obligation to serve a Party Wall Notice on all or any adjoining owner(s) that will be affected by the proposed works. Failure to serve such a notice is a clear breach of the Act and any adjoining owner who believes they and/or their property may be at risk may apply to the court for injunctive relief. 
In this example, an adjoining owner would more than likely apply for a prohibitory injunction.

However, in certain circumstances a building owner also has the right to seek a mandatory injunction against an adjoining owner whose actions after having been served with a Party Wall Notice and/or Party Wall Award, are obstructing any works from commencing. Thus, unlawfully interfering with the building owner’s right to commence with the works together with a substantial risk of delay and further unnecessary costs.

The second way to seek an interim remedy and/or injunctive relief is by way of section 10(17) of the Act. 
It is important to note that under this section of the Act, any party has the right to appeal a Party Wall Award. An appeal is not an application for injunctive relief, it is a party’s right to ask the court to make a declaration as to whether or not the [https://iconsurveyors.co.uk/valid-party-wall-award Party Wall Award is valid]. Within the appeal notice, a party may request a further order for injunctive relief. 
For example, 
if the court should find in favour of the appellant, the appellant would ask the court to make a declaration that the whole or part of the Party Wall Award is void, plus any further injunctive relief, such as an order for access to the land, or an order to stop all building works.

Please note that seeking injunctive relief for an outright breach of the Act, is different to applying to a court under section 10(17) of the Act, to appeal a Party Wall Award.

== How to obtain a "Party Wall Injunction"? ==

In the simplest of terms, a Party Wall Injunction can only be obtained from a court. There are two ways in which to apply to the court for an injunction relating to the Party Wall Act.

=== Two Ways to Apply for an Injunction from Court ===

1) Injunctive Relief under the Civil Procedure Rules, Part 25 
2) Appeal to the Country Court Under Section 10(17) 

Continue reading on [https://iconsurveyors.co.uk/guide-to-party-wall-injunction Guide to Party Wall Injunction] to how to obtain a party wall injunction from the Court...

Part wall counter notice

2021-12-23T12:24:36Z

Iconsurveyors: Created page with "== Section 4 of the Party Wall Act 1996 - "Counter Notice" == “Section 4 governs the service of the counter notice by an adjoining owner. He may require the work to ..."

== Section 4 of the Party Wall Act 1996 - "Counter Notice" ==

“Section 4 governs the service of the counter notice by an adjoining owner. He may require the work to be done differently or in a manner which mitigates adverse effects on his property. A building owner must take the requirements on board unless they are felt unnecessary, injurious to him or otherwise to cause difficulty. In that case the matter is in dispute and is resolved under the disputes process”.

[[https://members.parliament.uk/member/1864/contact The Earl of Lytton]]

Section 4(1) provides that an adjoining owner who does not wholly agree with a ‘[https://iconsurveyors.co.uk/party-wall-act-section-3-party-structure-notice/ party structure notice]’ that has been served by a building owner is entitled to serve the building owner with a counter notice requiring that the building owner may only carry out the notified works in accordance with the specified conditions of the counter notice.

Subsection 4(1)(a) provides that any proposed works by a building owner in respect to a ‘[https://iconsurveyors.co.uk/defective-party-fence-wall/ party fence wall]’ are carried out in and/or on the wall or structure to the convenience of the adjoining owner, whether that be on chimney copings, breasts, jambs or flues or piers and recesses.

Subsection 4(1)(b) provides that an adjoining owner who consents in writing to any proposed works being carried out in respect of special foundations can require the building owner to place the foundations at a greater depth than is being proposed. The adjoining owner may also require that the foundations are constructed in a way that will ensure it is sufficiently strong enough to bear the load of any columns of any intended building of the adjoining owner. Note that this subsection provides an adjoining owner with future protection in that they can demand foundations be constructed weight bear the load of ………” any intended building of the adjoining owner.”

Subsection 4(2) provides that an adjoining owner must serve a building owner with a counter notice within 1 month of the date the [https://www.legislation.gov.uk/ukpga/1996/40/section/3 notice] was served. It must specify the required works to be executed by the building owner and must be accompanied by plans, sections and particulars of the required works.

Subsection 4(3) provides that unless the demands of the adjoining owner would cause injury, unnecessary inconvenience or delay in the party structure notice works being executed, a building owner must comply with the requirements of the counter notice.

Should any part of section 4 of the Party Wall Act affect any of our readers, please feel free to [https://iconsurveyors.co.uk/contact-us/ contact Icon Surveyors], we would be more than happy to discuss any matters of concern you may have.

Note*: This blog is not an authoritative interpretation of the law; it is intended as a general guide.

Licence for Alterations for Apartment

2021-12-20T07:23:32Z

Iconsurveyors: Created page with "== Do I need a Licence for Alterations? == As an apartment/flat owner, you have likely heard of a Deed of Variation. We find many property owners are confused about the differen..."

== Do I need a Licence for Alterations? ==

As an apartment/flat owner, you have likely heard of a Deed of Variation. We find many property owners are confused about the difference between this Deed and a Licence for Alterations for an apartment. They are actually part of the same process. Getting Deed of Variation and Licence for Alterations for an apartment both are same.

Even though you purchased the apartment and have a long leasehold interest, meaning you own the property, you will be bound by the lease terms, both from a legal perspective and contractually, your ownership of the lease will expire and revert to the Freeholder upon the expiration of your lease. This means that you can’t undertake property changes as a Leaseholder prior to obtaining consent from your Freeholder.

== What If I don’t have a Licence for Alterations? ==

“What happens if you didn’t realise that you required the permission of your freeholder prior to making changes?”

If you are a tenant with a particularly long lease, it is unlikely the [https://www.landlordzone.co.uk/news/test-case-landlords-consent-with-mutual-and-absolute-covenants/ landlord would claim] a fundamental breach of contract in an attempt to terminate your contract. Over the years, a frequent outcome is the courts awarding damages to the landlord, these large costs are best to avoid, the simple way to avoid this is ensuring you have a Licence to Alter in place.

A common issue that arises, when the leaseholder puts the property on the market. During the conveyancing, a missing Licence to alter will be flagged, as a leaseholder, you have two options, seek a retrospective licence to alter or provide indemnity insurance to the buyer. On the rare occasion, the Freeholder could inform your mortgage provider, which can cause issues.

=== Types of Changes Likely Require a Licence to Alter ===

Anything that changes the fundamental structure of the property or affects service provisions usually requires a licence to alter.

The most common are:

* Changing Windows
* Removing structural walls
* Changing the internal layout of rooms
* Structural changes
* Changing Toilet or Bathroom location
* Adding a new heating system or changing an old one
* Flooring changes, i.e. from carpet to wooden floors

The requirement for a Licence to Alter or [https://iconsurveyors.co.uk/licence-for-alterations/ Licence for Alterations] will be dependant, on the lease and the clauses within it. The legal lease standard has changed over time, so ensure you are aware of the facts, within your own.

The requirement for a Licence to Alter or Licence for Alterations usually surprises flat owners, if you require formal consent, you must ensure that you get good legal advice, as early as possible.

Here at Icon Surveyors, we are happy to assist with your Licence to Alter requirements. Get in touch with our team of [https://iconsurveyors.co.uk/ experienced party wall surveyors] now.

Security for expenses under the Party Wall Act

2021-12-18T11:05:58Z

Iconsurveyors: Created page with "In this blog, Icon Surveyors will consider the meaning of [https://iconsurveyors.co.uk/section-12-security-for-expenses/ ‘Security for Expenses’ under section 12] of the Part..."

In this blog, Icon Surveyors will consider the meaning of [https://iconsurveyors.co.uk/section-12-security-for-expenses/ ‘Security for Expenses’ under section 12] of the Party Wall etc. Act 1996, the rights of both an owner and adjoining property owner and, any impact it may have on the costs associated with the works.

Security for expenses is a specified sum of money that is placed in a secure account to cover any future damage and/or expenses that may arise from the proposed building works to be carried out by a building or adjoining owner of the property.

Under section 12(1) of the Act, an adjoining owner is entitled to serve a notice that would require the building owner carrying out the works to give security of a sum that may be agreed between the parties, failing which, under section 10 of the Act, a sum may be determined by the appointed party wall surveyor(s).

Under section 12(2) of the Act, the building owner is also entitled to request security from the adjoining owner where the adjoining owner requires the building owner to carry out works the costs of which lay with the adjoining owner, or, where the adjoining owner has served a notice under section 12(1) above. Again, if either or both of the owner’s failure to agree a sum, the appointed surveyor(s) may determine one.

Under section 12(3) if an adjoining owner fails to comply within 1 month of service or determination of section 12(2)notice, any security notice that the adjoining owner had served on the building owner under section 12(1) will cease to have an effect.

== What does ‘Security for Expenses’ Actually Cover? ==

Until 2011, the common practice was to ensure that enough funds were in place to cover any structural risks and/or damage to an adjoining owners property as a result of a building owner failing to complete the agreed works to the adjoining owner's property. As stated on page 106 of the [https://www.wildy.com/isbn/9780955845406/the-party-wall-act-explained-a-commentary-on-the-party-wall-etc-act-1996-2nd-ed-paperback-the-pyramus-thisbe-club Party Wall Explained (2nd Edition) (The Green Book)]

“Security can only be requested if the building owner intends to exercise rights “conferred by this Act”, i.e. he is proposing to carry out some work to the adjoining owner’s land or property. If he is simply excavating his own land then the adjoining owner has no right to receive security under this section.”

However, in the case of Kaye v Lawrence, the extent to which security may be required was determined by the court to include any works carried out on the building owner’s property that are covered in the Act, thereby overriding the traditional practices used by the surveyor’s following the guidelines as provided in The Green Book. The decision further states that all and/or any liability for loss or damage arising from works carried out under rights conferred to an owner by the Act.

In layman’s terms, this means that any costs associated with the works being carried under the rights conferred by the Act are recoverable. This might include costs that are reasonably incurred making good any damage caused, temporary accommodation costs, professional fees, damages and court fees.

Security for expenses usually arises when works including, basement excavations, underpinning or extensive structural works, increase the risk of structural damage.

The costs associated with security under section 12 can be substantial, usually ranging from £50,000 to £100,000. There have been many instances whereby, the burden of costs associated with the security expenses has prevented a building owner from commencing with the construction works. Those who are able to place security funds on account or provide indemnity insurance cover for security might have to part with significant sums of money prior to any works commencing, thus adding further unexpected costs to the works being carried out.

Either way, security for expenses is a complex matter that should be considered by your appointed Party Wall Surveyor who will scrutinize the sums being requested and determine whether the sums are fair and reasonable before being agreed within a [https://iconsurveyors.co.uk/what-is-a-party-wall-award/ Party Wall Award].

If you or your adjoining neighbour is planning to undertake any building works that you have reason to believe may incur security expenses, ICON surveyors would suggest that you contact an [https://iconsurveyors.co.uk/contact-us/#contact-us experienced party wall surveyor] to discuss, at first instance, the site-specific facts that may require such protections to be taken into account.

Disputes Resolution - Section 10 of the Party Wall Act

2021-12-18T11:04:07Z

Iconsurveyors: Created page with "== Section 10 of the Party Wall Act - Resolution of Disputes == "Section 10 of the party wall act deals with the resolution of disputes. In this particular instance, both p..."

== Section 10 of the Party Wall Act - Resolution of Disputes ==

"Section 10 of the party wall act deals with the resolution of disputes. In this particular instance, both parties can agree on the appointment of one surveyor. That is a step to be recommended most strongly, particularly for households carrying out small works. Alternatively, the parties may each appoint a surveyor. These in turn will nominate a third surveyor who is called in to adjudicate only in a few instances of sustained disagreement. Between them, they will produce an agreement or award. Normally a [https://iconsurveyors.co.uk/ party wall surveyor] or third surveyor cannot be removed, but the Bill provides where surveyors are unwilling or unable to act.

The duty of party wall surveyors is quasi-arbitral. Once appointed they have a duty to act properly in the interest of both parties as statutory surveyors, which is a most important safeguard. Experience indicates that the great majority of disputed cases are dealt with by agreement between surveyors. The building owner generally meets the cost of the adjoining owner’s surveyor. But that is not a licence to charge excessive fees and there are generally prior agreements on charges. Safeguards are provided where a party to the dispute neglects to appoint a surveyor, in which case the other party may appoint one on his behalf. There is a fallback power whereby the local authority makes the appointment of a third surveyor on the application of one surveyor if there is a breakdown in the normal procedures.”

Section 10(1) provides that where a dispute actually arises between a building owner and an adjoining owner or one is deemed to have arisen as a result of one or the other failing to comply with any of the provisions under the Act, that the parties will first try to appoint a joint surveyor, the failure of which will result in a surveyor being appointed by each of the parties individually. If the surveyors find are unable to resolve the dispute then a third surveyor will be agreed upon and appointed by the acting surveyors.

Section 10(2) provides that all surveyors must be appointed in writing and cannot be removed by either party unless s/he falls under one of the provisions of subsection (3).

Section 10(3) provides that new proceedings to settle a dispute shall prevail in circumstances where an agreed surveyor; refuses to act or fails to act within 10 days of being served with a request from either party; deems themselves incapable of acting or, dies before a dispute is settled.

Section 10(4) provides that a party who fails to comply with section 10(1) for a period of 10 days beginning with the day on which the other party serves a request to appoint a surveyor can have a surveyor appointed on their behalf by the other party.

Section 10(5) provides that a party who appointed a surveyor who is for the reasons as stated in subsection (3) is unable to act, may appoint another surveyor.

Section 10(6) provides that a surveyor who was appointed under subsections (1), (4) or (5) refuses to act effectively, then the other party’s surveyor may proceed to act on behalf of both parties as an [https://iconsurveyors.co.uk/adjoining-owner-advice/ agreed surveyor].

Section 10(7) provides that a surveyor appointed under subsections (1), (4) or (5) who neglects to act effectively within 10 days of being served with a request by a party, the other parties surveyor may proceed in respect of the subject matter requested to be dealt with as if s/he was an agreed surveyor.

Section 10(8) provides that any surveyor who fails or neglects to appoint a third surveyor within 10 days of the other parties surveyor serving a request on them, the appointing officer or in some cases the Secretary of State may on the application of either surveyor select a third surveyor who shall have the same powers as if the appointment was under subsections (1) or (9).

Section 10(9) provides the remedies for the refusal, neglect or death of a third surveyor to act in a dispute. In any of these circumstances, the parties surveyors may select another third surveyor to act.

Section 10(10) provides that the acting surveyor(s) agreed or otherwise shall settle the dispute by way of making a [https://iconsurveyors.co.uk/everything-about-party-wall-agreement/ party wall agreement] with regard to any dispute between a building owner and an adjoining owner that has arisen from any of the proposed works being carried out under the provisions of the Act.

Section 10(11) provides that either of the parties may call in a third surveyor who will [https://iconsurveyors.co.uk/boundary-surveying/ resolve the dispute] and make an agreement.

Section 10(12) provides what an agreement is able to determine whether the owner(s) have the right to execute the proposed works, the time and manner in which it may be carried out and any other matter that is incidental to the dispute including the surveyor’s costs. However, any time limits for service of notices must have elapsed before any works are able to commence.

Section 10(13) provides for the reasonable costs that a surveyor is able to charge for their services. This subsection further provides that the surveyor(s) have the power to determine who is to pay such costs.

Section 10(14) provides that the appointed surveyor(s) have a duty to serve any agreement made on each of the parties.

Section 10(15) provides that where an agreement is made by a third surveyor, once the bill is settled the third surveyor shall serve it on the parties surveyors who in turn will serve it on the parties.

Section 10(16) provides that the agreement is conclusive and may only be question In accordance with the provision set out in subsection (17)

Section 10(17) provides that an agreement may only be appealed within a period of 14 days of receipt of service to a county court. The county court may rescind the agreement or vary it. The court may also make an agreement for costs.

If any of our readers are affected by any of the issues raised in this blog and would like further guidance, please [https://iconsurveyors.co.uk/contact-us/#contact-us contact Icon Surveyors] who will be happy to assist.

When to serve a party wall notice

2021-09-20T14:35:39Z

Iconsurveyors: Created page with "Issuing the party wall award is the final part of the process needed to facilitate the commencement of the construction or excavation works. This process may be delayed due to t..."

Issuing the party wall award is the final part of the process needed to facilitate the commencement of the construction or excavation works.

This process may be delayed due to technical questions regarding the projected works and the nomination of icon surveyors.

Experts say that building owners should begin the process in advance.

== When is the Ideal Time to Serve an Adjoining Owner with a Party Wall Notice? ==

The [https://iconsurveyors.co.uk/what-is-the-party-wall-act/ Party Wall Act] outlines fixed notice timelines based on the type of projected work.

To build new boundary walls or excavate on adjacent buildings, you should issue the party wall notice one month in advance.

To perform works directly impacting a party wall property, issue the notice two months in advance.

Party wall notice timelines are not a compelling feature in the [https://iconsurveyors.co.uk/what-is-a-party-wall-award/ party wall agreement]. Building owners will be excited to commence works after the party wall notice has been consented to, a party wall surveyor has identified, fixed any issues, and issued an award.

Many template awards expect the process to be smooth. However, there are some exceptions, especially where adjoining owners have a compelling reason to dissent the party wall notice.

For example, if people are revising for exams or having a garden event an adjoining owner may dissent the party wall notice.

A party wall surveyor can only suspend a party wall notice under legal authorization.

Building owners should [https://iconsurveyors.co.uk/do-i-need-to-serve-a-party-wall-notice/ serve a party wall notice] as early as possible because predicting the length of the process is only possible once the adjoining owner responds to the notice.

Only one out of the three party wall notice types should come with drawings.

Unless excavation (which should be communicated through the Party Wall Notice) is included in the projected works, a building owner can serve the notice once he decides to build. For example, if you are doing loft conversion works, you will need to cut beams in the party wall to reinforce your new floor and bear the rear dormer weight.

The party wall notice should include the type and components of the projected works. However, they do not have to contain the actual details meaning you can quickly draft a party wall agreement notice when you decide to execute the works. Your notice can be similar to the following example.

Carve pockets in the party wall to aid the inclusion of beams. These will help modify the roof space for accommodation purposes.

You can indicate the commencement date as two months post the party wall notice date or even earlier based on when the adjoining owner responds.

Some neighbours give consent almost immediately after receiving the notice allowing you to proceed with your planned works within a short time.

Even when your project involves excavations, the only drawings you will need are the sections and plans of the suggested excavations.

Consider drafting a simple floor plan complete with the foundations appearing in a dashed line format.

Some adjoining owners will give consent quickly only if they have the complete details of the project. In this case, you may have to approach the adjoining owners informally and present the comprehensive drawings once they become available.

Doing so helps you avoid unnecessary disagreements. During your discussion illustrate the proposed works and let them know that they fall under the party wall act.

If your adjoining neighbour’s property stands at, or close by the boundary, you may need to dig a test pit from part of the foundation.

Dig out the test pit before serving the party wall notice because the test results give you the critical information you should include in the notice.

Numerous party wall notice templates are available online and you can use them to draft your party wall notice.

Every party wall notice should comprise detailed information to make it valid. If you are considering drafting the notice on your own, research widely to avoid unnecessary delays that may result from presenting an invalid notice.

[https://iconsurveyors.co.uk/ Party Wall Surveyors] dealing with party wall issues can prepare the notice on your behalf for a small fee with the expectation that you will assign them when the need arises.

Using party wall professionals does not have to be costly. Feel free to reach one of our party wall surveyors through our contact details on the website or call us on 020 7493 9087.

What is Licence for Alterations?

2021-08-25T08:54:40Z

Iconsurveyors: Created page with "A licence for alterations usually applies to a premise where a tenant (leaseholder) occupies under a leasehold agreement. If a tenant would like to undertake particular changes ..."

A licence for alterations usually applies to a premise where a tenant (leaseholder) occupies under a leasehold agreement.

If a tenant would like to undertake particular changes within the premises it will often require legal consent from the landlord (freeholder).

The consent is offered as a Licence to Alter or Licence for Alterations. The [https://iconsurveyors.co.uk/licence-for-alterations/ Licence for Alterations] is a legally binding document. This document will afford protections for both parties.

Each lease is different; however, the landlord cannot be unreasonable and refuse (though at times they’d like to) consent to your requests, in most cases it makes a Licence for Alteration fairly straightforward to obtain.

== Changes that Require a Licence for Alteration? ==

A Licence for Alteration is required for any change that will alter the structure of the premises.

This includes installing a new service provider or removing internal walls.

The need for a licence for alterations will be dependent on the nature of the changes the tenant intends to make and the lease terms of the property.

Changes that could be refused tend to be those that affect the exterior of the property appearance or something that will drastically alter the properties structure. Without landlord consent or having the restriction waived, you will not undertake these types of works.

Interior changes that are not of a structural nature will likely be permitted by landlord’s, as they are not allowed to withhold permission unreasonably.

A lease may not confirm a landlord’s permission is required to undertake changes in a few cases. In this case, the tenant is allowed to make any alterations without the requirement of a Licence for Alteration.

=== Ensure That You Comply ===

Licence for Alterations is an important protection for tenant’s, they confirm that they have complied with the provisions of their lease.

When a tenant seeks a Licence for Alterations retroactively, it places an onerous tone in favour of the Landlord when negotiating. It is crucial that you follow the correct protocol to avoid this and keep the negotiations on an even playing field. If you a tenant proceeds without a Licence for Alteration, when they come to sell, it can cause an issue with potential buyers, when the legal checks are undertaken.

=== Landlords Protection ===

Licence for Alterations is an important protection for landlords, as they provide an accurate record of the works that have been undertaken to the property.

This can be crucial if the lease includes a reinstatement clause. The clause means the tenant is required to restore the property to the condition, prior to the works being undertaken. This includes the removal of both fixtures and fittings that have been added.

What is a Party Wall Surveyor? And Why You Need One?

2021-08-25T07:38:41Z

Iconsurveyors: Created page with "Homes and buildings with two residences connected by a wall require two-party consent before specific construction acts can occur. [https://iconsurveyors.co.uk/what-is-the-party-..."

Homes and buildings with two residences connected by a wall require two-party consent before specific construction acts can occur. [https://iconsurveyors.co.uk/what-is-the-party-wall-act/ The Party Wall etc. Act of 1996] protects owners of the connected property from damage resulting from the work completed on a party structure or within 6m of a foundation. A party wall notice can be issued directly by an owner, with a party wall surveyor being required if a dissent occurs.

== The Party Wall Act 1996 ==

The Party Wall Act is a legal requirement for property owners to seek consent from adjoining titleholders to go forward with construction work on a shared wall. These are usually between a terrace or semi-detached buildings. The Act also covers garden walls and building new foundations close to the other owner's house. The requirements under the Party Wall Act protect both property owners in the event of damage during the construction. Before party wall notices, courts were tied up with disputes over property damages and responsibility for payment. Under the Party Wall Act, the person initiating the construction, whether for repairs or cosmetic needs, is responsible for any damages. The party wall notice puts it in writing for the adjoining property owner.

=== What is a Party Wall Surveyor? ===

A party wall surveyor is an unregulated service in the UK. Home and building owners must complete due diligence before choosing the right person or company to complete the review and issue a notice to the other party. Consider the party wall surveyor's experience, education, certification, and professional organization memberships. This service provider works for you and helps you secure the party wall notice to begin work quickly.

=== Serving a Party Wall Notice ===

Before serving notice, the surveyor must review the property planned changes. The professional will take photographs and write a detailed [https://iconsurveyors.co.uk/schedule-of-condition-report/ Schedule of Conditions]. If the works are of a structural nature, the formal letter of acknowledgement has to be sent at least two months before any work begins. For excavation near the building, one month's notice is necessary. It should include details for the adjoining property owners about the scope of work, duration and explain the extent of working hours, noise, and any additional distractions that can occur during the construction or excavation. Additionally, the contractor and their employees are legally bound by these agreements.

=== Are One or Two Party Wall Surveyors Necessary? ===

Sometimes a party wall notice doesn't go as planned. The property owner on the other side of the building doesn't have to agree to the new construction. In these situations, the neighbouring titleholder must decide if a single party wall surveyor can serve the needs of the two parties. Or appoint their own which will be funded by the titleholder undertaking the building works.

Are you considering changes to your home or business? Whether it's general repairs, upgrades, or additions, you'll need to secure the services of a [https://iconsurveyors.co.uk/ party wall surveyor] to review the property. Contact us today to schedule an initial free consultation to see what steps you need to complete, to comply with the Party Wall Act.

Everything You Should Know About The Party Wall etc. Act 1996

2021-08-20T09:42:53Z

Iconsurveyors:

The Party Wall etc. Act 1996, came into force on, 1 July 1997. The Act only applies to those owners whose properties are located in England and Wales. It was enacted to both protect adjacent owners from any damage that may arise as a result of a neighbouring owner carrying out any works associated with excavation, boundary or party walls, and, to provide a resolution for any disagreements and/or damage that may arise from such works being carried out.

=== Protection Against Damage ===

The Act provides that any owner who intends to carry out certain works to areas of their property that are located within a certain distance of boundary lines and/or boundary/party walls, must, at least one month and, in certain cases, two months prior to any works commencing, serve a [https://iconsurveyors.co.uk/do-i-need-to-serve-a-party-wall-notice/ party wall notice] on the adjacent owner(s) detailing the intended works being carried out together with any required information as provided by the Act. Within the notice, the adjoining owner(s) will be asked to reply within 14 days as to whether they consent to the works commencing. If an adjoining owner(s) fails to consent or to respond within the statutory time frame, the Act provides that a dispute will be deemed to have arisen between the parties.

=== How the Party Wall etc. Act 1996 Defines a "Party Wall"? ===

In simple terms, a Party Wall may be described as a wall that divides the land or buildings owned by two or more different parties.

The Act defines 3 types of Party Walls these are:

* Party Wall Type A: This is a wall that stands on adjoining land owned by different parties which forms part of a building. In other words, the wall straddles the boundary and therefore sits on land belonging to more than one party. It can also be a wall that stands on a single owners land but has the potential to affect another owner's land. An example of this type of wall is a wall that forms part of a semi-detached or terraced house.
* Party Wall Type B: This is a wall that is used by more than one owner to separate each owners building, but stands entirely on one owner's land. An example of this type of wall could be a wall that forms part of a garage that is positioned against a wall that is owned by a different party. It is important to note that the only part of the wall that is considered a Party Wall in these circumstances is the part of the wall that separates the two structures.
* Party Wall Type C: The third type of party wall is a ‘Party Fence Wall’ which does not form part of a building. It is an independent wall that straddles the boundary line of two or more owners of land and is primarily used to divide the land, for example, a garden wall. (Timber fences are not included in the Act).

=== The Act refers to ‘Party Structures’ which can be... ===

* a floor or wall separator; or
* a structure detaching sections of buildings; or
* Buildings in differently owned properties such as flats

=== Party Wall Construction Works Covered By Party Wall Act ===

The Act covers the following:

* New structures at the edge of two properties
* Excavation works below or adjacent to the base of close buildings
* Work on a current party structure or wall

These Works Include:

The first part of the Act deals with the Construction and Repair of walls on the line of junction (i.e. the boundary line). In other words, where the lands of different owners adjoin and a party wall or party fence wall does not exist and either party wants to build a wall and/or party fence at the boundary line, the provisions of the Act apply. An example of the works included under section 1 of the Act might be;

* Construction of a new wall at the boundary of two or more properties, or
* Construction of a new party wall fence at the boundary of two or more properties

The provisions under section 2 of the Act also apply to any repairs or demolition and rebuilding works that a landowner has the statutory right to carry out. However, notices pertaining to such works are, under the Act, deemed as ‘Party Structure Notices’ and must be served, at minimum, two months prior to the commencement of any works. These works include;

* Extending or reducing a party wall
* Cutting into a party wall
* Flattening and reconstructing a party wall

It should be noted that section 2 of the Act also states that “A party wall may not necessarily have a boundary running through its centreline for the whole of its length but for only part of its length.” Therefore, if the proposed works are to be conducted on an already existing party wall, the structure owner should issue a notice stating that the work will not surpass the party wall centre line.

The provisions under section 6 of the Act apply to any excavation and construction works being carried out by an adjoining landowner. Notices under this part of the Act must be served at least one month before any works begin. Again, if an adjoining owner does not consent or fails to respond within the set time period of 14 days, a dispute between the parties regarding the proposed works is deemed to have arisen. Examples of these types of works include;

* Excavating below the base of an adjacent property
* Detaching chimney cavities from a party wall

As stated above, any party wishing to conduct any of the above-stated works under the Party Wall etc. Act 1996, should notify adjacent neighbours about their plans. The neighbours can either support or oppose the plans. In the case of a disagreement, the parties can obtain the services of a [https://iconsurveyors.co.uk/ party wall surveyor] to resolve any confirmed party wall disputes.

=== What is the Impact of the Party Wall Act on Your Renovation Plans? ===

The Party Wall etc. Act 1996, may or may not affect your renovation plans. This depends on the location of your home.

For example, if your home is a flat or a detached property that is close to a neighbour’s property, the Act may apply. To determine this, you should identify if the proposed works are works that are included under the Act, and if so, whether any of the walls would qualify as being party walls.

Walls and other built structures include:

* Ceilings and floors between flats
* Walls standing at the boundary
* Common boundary walls, as are found between terraced and semi-detached homes

The Party Wall etc. Act 1996 does not include:

* Re-plastering
* Fitting of shelves
* Electrical rewiring
* Wallpaper Installation

Please note that the Party Wall Act is different from acquiring planning or building consent. If your proposed work requires planning permission and/or building consent, this must be obtained before any Party Wall Notice under the Act is served.

=== Resolution for Disagreements or Damage Caused ===

Under section 10 of the Act, should a dispute arise a surveyor must be appointed to resolve any dispute? This can be in the form of an agreed surveyor acting on behalf of both parties, or two surveyors, each acting on behalf of individual owners who in turn will appoint an agreed third surveyor to resolve any disputes. Under the Act, a surveyor is given the power to make any reasonable award on behalf of a party or parties. The [https://iconsurveyors.co.uk/what-is-a-party-wall-award/ Party Wall Award] is conclusive and may not be questioned in any court.

For this reason, working closely with a Party Wall Surveyor is critical if you are not conversant with this Act. Remember, before conducting any proposed works that are covered by the [https://iconsurveyors.co.uk/what-is-the-party-wall-act/ Party Wall etc. Act 1996], you must notify your neighbours who can either approve or reject your proposal.

Everything You Should Know About The Party Wall etc. Act 1996

2021-08-20T09:40:45Z

Iconsurveyors: Created page with "The Party Wall etc. Act 1996, came into force on, 1 July 1997. The Act only applies to those owners whose properties are located in England and Wales. It was enacted to both prot..."

The Party Wall etc. Act 1996, came into force on, 1 July 1997. The Act only applies to those owners whose properties are located in England and Wales. It was enacted to both protect adjacent owners from any damage that may arise as a result of a neighbouring owner carrying out any works associated with excavation, boundary or party walls, and, to provide a resolution for any disagreements and/or damage that may arise from such works being carried out.

== Protection Against Damage ==

The Act provides that any owner who intends to carry out certain works to areas of their property that are located within a certain distance of boundary lines and/or boundary/party walls, must, at least one month and, in certain cases, two months prior to any works commencing, serve a [https://iconsurveyors.co.uk/do-i-need-to-serve-a-party-wall-notice/ party wall notice] on the adjacent owner(s) detailing the intended works being carried out together with any required information as provided by the Act. Within the notice, the adjoining owner(s) will be asked to reply within 14 days as to whether they consent to the works commencing. If an adjoining owner(s) fails to consent or to respond within the statutory time frame, the Act provides that a dispute will be deemed to have arisen between the parties.

=== How the Party Wall etc. Act 1996 Defines a "Party Wall"? ===

In simple terms, a Party Wall may be described as a wall that divides the land or buildings owned by two or more different parties. The Act defines 3 types of Party Walls these are:

* Party Wall Type A: This is a wall that stands on adjoining land owned by different parties which forms part of a building. In other words, the wall straddles the boundary and therefore sits on land belonging to more than one party. It can also be a wall that stands on a single owners land but has the potential to affect another owner's land. An example of this type of wall is a wall that forms part of a semi-detached or terraced house.
* Party Wall Type B: This is a wall that is used by more than one owner to separate each owners building, but stands entirely on one owner's land. An example of this type of wall could be a wall that forms part of a garage that is positioned against a wall that is owned by a different party. It is important to note that the only part of the wall that is considered a Party Wall in these circumstances is the part of the wall that separates the two structures.
* Party Wall Type C: The third type of party wall is a ‘Party Fence Wall’ which does not form part of a building. It is an independent wall that straddles the boundary line of two or more owners of land and is primarily used to divide the land, for example, a garden wall. (Timber fences are not included in the Act).

The Act refers to ‘Party Structures’ which can be...

* a floor or wall separator; or
* a structure detaching sections of buildings; or
* Buildings in differently owned properties such as flats

=== Party Wall Construction Works Covered By Party Wall Act ===

The Act covers the following:

* New structures at the edge of two properties
* Excavation works below or adjacent to the base of close buildings
* Work on a current party structure or wall

These Works Include:

The first part of the Act deals with the Construction and Repair of walls on the line of junction (i.e. the boundary line). In other words, where the lands of different owners adjoin and a party wall or party fence wall does not exist and either party wants to build a wall and/or party fence at the boundary line, the provisions of the Act apply. An example of the works included under section 1 of the Act might be;

* Construction of a new wall at the boundary of two or more properties, or
* Construction of a new party wall fence at the boundary of two or more properties

The provisions under section 2 of the Act also apply to any repairs or demolition and rebuilding works that a landowner has the statutory right to carry out. However, notices pertaining to such works are, under the Act, deemed as ‘Party Structure Notices’ and must be served, at minimum, two months prior to the commencement of any works. These works include;

* Extending or reducing a party wall
* Cutting into a party wall
* Flattening and reconstructing a party wall

It should be noted that section 2 of the Act also states that “A party wall may not necessarily have a boundary running through its centreline for the whole of its length but for only part of its length.” Therefore, if the proposed works are to be conducted on an already existing party wall, the structure owner should issue a notice stating that the work will not surpass the party wall centre line.

The provisions under section 6 of the Act apply to any excavation and construction works being carried out by an adjoining landowner. Notices under this part of the Act must be served at least one month before any works begin. Again, if an adjoining owner does not consent or fails to respond within the set time period of 14 days, a dispute between the parties regarding the proposed works is deemed to have arisen. Examples of these types of works include;

* Excavating below the base of an adjacent property
* Detaching chimney cavities from a party wall

As stated above, any party wishing to conduct any of the above-stated works under the Party Wall etc. Act 1996, should notify adjacent neighbours about their plans. The neighbours can either support or oppose the plans. In the case of a disagreement, the parties can obtain the services of a [https://iconsurveyors.co.uk/ party wall surveyor] to resolve any confirmed party wall disputes.

=== What is the Impact of the Party Wall Act on Your Renovation Plans? ===

The Party Wall etc. Act 1996, may or may not affect your renovation plans. This depends on the location of your home.

For example, if your home is a flat or a detached property that is close to a neighbour’s property, the Act may apply. To determine this, you should identify if the proposed works are works that are included under the Act, and if so, whether any of the walls would qualify as being party walls.

Walls and other built structures include:

* Ceilings and floors between flats
* Walls standing at the boundary
* Common boundary walls, as are found between terraced and semi-detached homes

The Party Wall etc. Act 1996 does not include:

* Re-plastering
* Fitting of shelves
* Electrical rewiring
* Wallpaper Installation

Please note that the Party Wall Act is different from acquiring planning or building consent. If your proposed work requires planning permission and/or building consent, this must be obtained before any Party Wall Notice under the Act is served.

=== Resolution for Disagreements or Damage Caused ===

Under section 10 of the Act, should a dispute arise a surveyor must be appointed to resolve any dispute? This can be in the form of an agreed surveyor acting on behalf of both parties, or two surveyors, each acting on behalf of individual owners who in turn will appoint an agreed third surveyor to resolve any disputes. Under the Act, a surveyor is given the power to make any reasonable award on behalf of a party or parties. The [https://iconsurveyors.co.uk/what-is-a-party-wall-award/ Party Wall Award] is conclusive and may not be questioned in any court.

For this reason, working closely with a Party Wall Surveyor is critical if you are not conversant with this Act. Remember, before conducting any proposed works that are covered by the [https://iconsurveyors.co.uk/what-is-the-party-wall-act/ Party Wall etc. Act 1996], you must notify your neighbours who can either approve or reject your proposal.

Access to Neighbour's Garden Wall

2021-08-20T09:28:36Z

Iconsurveyors: Created page with "=== Access to Neighbour’s Garden Wall === Today, we shall focus on Access to Neighbour's Garden Wall. The Party Wall Act gives building owners the right of entry into a neigh..."

=== Access to Neighbour’s Garden Wall ===

Today, we shall focus on Access to Neighbour's Garden Wall.

The Party Wall Act gives building owners the right of entry into a neighbour’s land to initiate their building or excavation works in a sound and secure manner.

The building owner should serve the adjoining owner with a party wall notice to acquire this right of entry. The adjoining owner reserves the right to respond to the notice.

Here we are not covering the response choices available for adjoining owners. You can get the detailed blog post here on [https://iconsurveyors.co.uk/party-wall-notice-response-options/ party wall notice response options] the adjoining owners have.

The party wall act does not grant the building owner the legitimate access right. However, it covers the rights of adjoining owners fully before the construction or excavation works begin.

This process is accomplished through a party wall agreement, also referred to as a [https://iconsurveyors.co.uk/what-is-a-party-wall-award/ party wall award].

The Party Wall Award defines the adjoining owner’s legitimate rights while overseeing the building owner’s projected works. It also ensures that the works do not pose a danger to the resident’s lives.

On the Garden Access, it will be done through a well-evaluated and solid enclosed area or hoarding. It is usually over one meter in width from the building owner’s proposed wall area.

Heavy-duty thick plastic sheeting, polystyrene, or foam boarding are used to cover the terrain leading to the adjoining owner’s plot.

Any materials used are lapped over multiple times. Doing so ensures that pressure from workers standing on the decking area, patio, or garden, on the neighbour’s property poses as little danger as possible to prevent scratches or scuffs on the property once works are complete.

Later the hoarding will be erected while leaving a screen between the construction area, the building owner’s site, and the neighbour’s garden.

The access right is limited for a particular period which can be a few weeks. As a result, the building owner will be tasked with completing the works as effectively as possible.

The building owner can collaborate with a Party Wall Surveyor to ensure that the works are done according to plan.

Sometimes the adjoining owner may overlook the party wall access. When this happens, consider dismissing their actions even though they can be frustrating.

How you use your garden will eventually determine the appearance of the finishes on the building’s flank wall.

Your efforts should also ensure that the adjoining owner will be facing a tidy structure.

[http://constructionblog.practicallaw.com/more-complex-aspects-of-the-party-wall-act-1996/ Party Wall Access] is one of the most debated topics in the Party Wall Act, with every building owner having varying opinions on whether they would agree to it or not.

We always recommend talking to a skilled and experienced Party Wall Surveyor before commencing the proposed project. Please don’t hesitate to get in touch with any of our [https://iconsurveyors.co.uk/contact-us/ experienced party wall surveyors] for the same.

Doing so plays a great role in ensuring that you are well versed with what you should or shouldn’t do to acquire access to your neighbour's garden wall.