Party Wall Surveyors Richmond
- RICS Property Surveys
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What works are covered by the Party Wall Act?
The are three primary categories of works which are ‘notifiable’ under the Party Wall Act. Each has its own section under the Act, and these are detailed below, including how much notice must be given before the proposed works can start.
Work to a party wall or structure:
Below details notifiable works relating to party structures. Note that not all notifiable works have been included, but the most common works have been.
| Section of Act | Notifiable Work | Notice Period |
|---|---|---|
| Section 2(a) | Underpin, thicken or raise a party wall. For example, to underpin or raise a parapet wall. | 2 Months |
| Section 2(b) | Where a wall is defective, carry out repairs, or demolish and rebuild it. | 2 Months |
| Section 2(e) | Demolish a party wall that is not sufficiently strong, or high enough, for the intended new building or extension. | 2 Months |
| Section 2(f) | Cut into a party wall for any purpose, including inserting a damp proof course or steel beam. | 2 Months |
| Section 2(g) | To cut away projections from a wall that over hang your land. Such as removing a chimney breast. | 2 Months |
| Section 2(h) | Cut away projections over your land to the extent necessary to erect a wall. | 2 Months |
| Section 2(j) | To cut into the wall of an adjoining property, which is not a shared wall, in order to insert a flashing. | 2 Months |
| Section 2(n) | To expose a section of a party wall or structure that was previously enclosed. | 2 Months |
The below table details the notifiable works that are covered by the Act in connection with building new walls on the line of junction with another property.
| Section of Act | Notifiable Work | Notice Period |
|---|---|---|
| Section 1(2) | To construct a new wall on the boundary line with another property, which is partly on both owners' lands. | 1 Month |
| Section 1(5) | To construct a new wall on the boundary line with another property, which is wholly on your own land. | 1 Month |
New walls on the boundary line:
Excavating near a neighbour's property:
The table below details where excavation works are notifiable under the Party Wall Act.
| Section of Act | Notifiable Work | Notice Period |
|---|---|---|
| Section 6(1) | To excavate within 3m of an adjoining property of structure and to a deeper depth than its foundations. | 1 Month |
| Section 6(2) | To excavate within 6m of an adjoining property or structure and to a depth that would intersect with a 45 degree line drawn downwards from the bottom of its foundations. Typically this only applies to piled foundations. | 1 Month |
What is the party wall process & how long does it take?
The Party Wall Act outlines the framework, processes, and timescales for dealing with party wall matters. The timeline below gives an outline of the critical party wall process.
1. Service of Notices
2. Response to notice
- Consent: In this case the works can proceed and nothing further is required under the Act. With that said, it is still advisable to have a schedule of condition undertaken of their property.
- Dissent and appoint their own surveyor: In this case both the Building Owner's and Adjoining Owner's surveyors will act together to agree a party wall award. The surveyors must act impartially, despite being appointed by an individual owner. The notifiable works cannot start until the award have been served on the owners by the surveyors.
- Dissent and agree to share a single agreed surveyor: In this case a single 'Agreed Surveyor' will act impartially on behalf of both the owners to prepare a party wall award. This option is recommended only where the works are of a relatively simple nature.
3. Schedule of Condition
4. Party Wall Award
Once the surveyor(s) has agreed the content of the award, they will sign it, and it will then be served on the owners. If they have any problem with the content of the award, they can appeal it in the County Court within 14 days, after which point the award becomes legally binding on both parties.
Subject to there being no contests in the County Court, the Building Owner can start the works covered in the award.
Understanding Party Walls
Understanding party wall matters can be a complex and bewildering task. To shed light on this intricate subject, we recommend watching this informative video produced by the Royal Institution of Chartered Surveyors. This video offers valuable insights into party wall matters, providing clarity and enhancing your comprehension of this important aspect of many construction projects.
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