FEERING
THE PARTY WALL PEOPLE
We can help you with the Party Wall Etc. Act 1996 in Feering. We can prepare and serve party wall notices for you,
we can carry out schedules of condition and if needed, we can produce and serve party wall awards (AKA party wall agreements).
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We hold membership with the Faculty of Party Wall Surveyors (FPWS) and the Chartered Association of Building Engineers (CABE)
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If you have any questions about the party wall act, please feel free to contact us for a free, no obligation consultation.
I have a construction project in Feering - How could the party wall act affect me?
What are my duties under the act?
The Party Wall etc. Act 1996 gives a framework by which disputes in relation to excavations and other works near boundaries or neighbouring buildings may be resolved.
Anyone who proposes to undertake work which may be affected by the act, must give adjoining owners notice of their intentions. This notice applies even when the work will not go beyond the boundary line between properties. The Act also provides for the resolution of the disputes where these occur.
What rights do I have?
You are entitled to repair and maintain party walls. In the case of party structures, you must serve a party structure notice on the adjoining owner, giving advance notice. The work detailed must be carried out within a year, after which time the notice becomes invalid.
An adjoining owner, served with a notice, may issue a counter-notice requiring additional works to be carried out, and you must consent within 14 days or a dispute is deemed to exist. Here are some of your rights under the act:
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Construction of a new party wall, party fence wall or party structure.
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Underpinning a party wall.
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Raising or lowering the height of a party wall.
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Changing the thickness of a party wall.
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Making good or repairing a party wall.
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Demolishing and rebuilding a defective party wall.
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Cutting into a party wall, e.g. to insert a DPC or flashing.
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Removing overhangs to build a new wall close to the old.
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Inserting tying systems to stabilise a party wall.
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Weatherproofing a party wall exposed by demolitions.
Note that the Act also covers certain excavations, which might affect a building belonging to an adjoining owner. These are:
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Excavate, or excavate and construct foundations for a new building or structure, within 3m of a neighbouring owner's building or structure, where that work will go deeper than the neighbour's foundations; or
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Excavate, or excavated for and construction foundations for a new building or structure, within 6m of a neighbouring owner's building or structure, where that work will cut a line downwards at 45 from the bottom of the neighbour's foundations.
For help with any of the above please contact us
OFTEN POSED QUESTIONS
CAN I START WITHOUT A PARTY WALL AWARD?
You can’t start any of the notifiable works without a consent from your neighbour or until a Party Wall Award is served. However, you may be able to do other work on your project which have been approved by planning approval for example. Some people serve the notices and even get an award in place before planning is approved to save time.
WHO WILL PAY THE FEES?
Usually the Surveyors fees are covered by the Building Owner. The cost of two different surveyors will usually be higher than that of an Agreed Surveyor. It is worth knowing that the time to agree the Party Wall Award might also be longer.
CAN I JUST SERVE MY OWN PARTY WALL NOTICE?
You are able to produce and serve your own notices… But if they are served incorrectly they are invalid you will need to start all over again which could delay the start of your project. Having this done early on by a Party Wall Surveyor will deal with this potential risk.
DO I NEED TO INFORM MY NEIGHBOUR IF I WANT TO PUT UP A SHELF OR MOVE AN ELECTRICAL SOCKET?
These examples of work would be considered to be minor and such works would not need to be notified under the Act.
WHEN DO I NEED TO NOTIFY MY NEIGHBOURS?
Timing is important, running through your project to check if any elements will require serving notice can remove stress from the project early on, allowing you to concentrate on the rest of the job. We would recommend getting in touch as soon as a planning application is submitted, if you intend to begin works promptly.
CAN MY NEIGHBOUR STOP MY PROJECT?
Your neighbour can’t stop you carrying out the project by not responding. If this happens then the Act allows you to appoint another Surveyor on their behalf so that an Agreement/Award can be served. You can’t have an Agreed Surveyor in this scenario.
WHAT ARE THE RISKS IF I DON’T SERVE A NOTICE?
It's illegal to start notifiable works without a notice. Your neighbour has the right to serve an injunction and stop the work.
If you have done some work which might hinder your neighbour’s ability to have a project of their own, without serving the correct notice, you will be liable to compensate for any remediation or damages caused under common law. You will have to cover the cost for undoing this work and any related design fees.
IS A TIMBER FENCE A PARTY WALL?
No, although references are sometimes made to shared or 'party fences'. These do not fall under the Act..