Party wall surveying matters are applicable when a building owner is undertaking specific types of construction works to their property.
These construction works are far and wide however generally speaking can be defined and narrowed as follows:
Party Wall Works
New Walls
The construction of new walls, commonly forming the flank wall of planned extensions fall within the realm of the Party Wall etc. Act 1996. The Act requires a building owner to serve a Party Wall Notice upon an adjoining owner a minimum of one month in advance of the planned works commencing if indeed the building owner is undertaking works that fall within the definition.
Works Directly to a Party Wall
Works directly to a party wall will fall within the realm of the Party Wall etc. Act 1996.
Commonly, this will be construction works such as loft conversions, box frames, removals of chimney breasts, structural alterations.
This obviously only applies to properties whereby a party wall is shared. Conventionally this will be semi-detached houses, terraced houses, or flats in close proximity to one another.
The Act requires a building owner to serve a Party Wall Notice upon the adjoining owner a minimum of two months prior to commencing the planned works.
Works to a Party Structure
Works directly to a party structure will require a building owner to serve a Party Wall Notice upon the adjoining owner a minimum of two months prior to the planned works commencing.
A party structure is the horizontal separation between properties that are located both above and below one another.
Conventionally this type of work is likely to be; changing the layout of a flat or property, undertaking internal structural alterations to a property, or in some cases changing floor coverings.
Works Directly to a Party Fence Wall
Works directly to a party fence wall will fall within the realm of the Party Wall etc. Act 1996.
Commonly, these types of works are going to be the demolition of a party fence wall that is in disrepair, or alternatively the demolition of a party fence wall, in its place building a party wall, often forming the flank of a planned rear, or side extension.
A party fence wall is the legal term and phrase for a solid construction garden wall that separates two neighbouring properties or boundaries.
Works directly to a party fence wall require a two month Party Wall Notice service, meaning the building owner will need to serve Party Wall Notice upon the adjoining owner, in accordance with those timings.
Excavations
Excavations, for any means, will fall within the realm of the Party Wall etc. Act 1996.
Conventionally, the excavations are going to accommodate planned foundations, for rear, side, or front extensions.
However, they can also cover internal works such as pad foundations for box frames, underpinning, planned deep drainage.
The requirement for excavations to be notifiable under the Party Wall etc. Act 1996, is that they must be deeper than the foundations of the neighbouring property or structure.
With Building Regulations being as stringent as they are today, in almost all cases, where excavations and foundations are being undertaken, they are likely to be legally required to a depth of 1m as a minimum.
With the vast majority of property stock in England and Wales having been built in the 1900s (turn of the century) or circa 1930, these properties all share the common characteristic of corbel footings.
Corbel footings are notoriously shallow, often only being 3-4 courses of brickwork beneath the ground.
By virtue of Building Regulations requirements, this renders the vast majority of planned excavations notifiable under the Party Wall etc. Act 1996.
Now that you have got a full understanding of what the party wall works are, we will now look at some basic advice to help and aid you in avoiding party wall issues.
Adjoining Owner Discussion
Adjoining owner discussion is definitely one of the biggest pre-construction advices that we would give here at Stokemont.
In ensuring that you speak with the neighbouring owner prior to your planned works commencing, and ideally well in advance of serving Party Wall Notice, you are ultimately going to be giving them as much notice and information on the works as possible.
This is not only going to ensure that the shock factor associated with a Party Wall Notice and planned works is diminished, it is also going to give them the opportunity to make their own enquiries without the pressure of the response timings that come with a Party Wall Notice.
Advice we would also suggest you consider, is to provide them sets of drawings or plans. Talk them through when you plan on doing the works, while also giving them an understanding of the duration.
Finally, we would advise that you let them know the type of protective provisions you are likely to be installing throughout the course of the works to reduce and minimise the risk to their property. Simple discussion with your contractor will likely give you a better understanding of this.
Discussing Party Wall Matters
We would also advise that party wall matters are discussed as soon as possible with the adjoining owner.
In many cases adjoining owners are unlikely to be aware of the requirement for Party Wall Notices and the legal stipulation that your planned works fall within the realm of the Party Wall etc. Act.
If you open discussions with the adjoining owner early, you may be able to assess if they indeed have a particular party wall surveyor in mind, with that party wall surveyor ultimately assisting them once they have been served with the Party Wall Notice.
Having those discussions will give you the opportunity to likewise discuss if they will indeed allow you to use the same party wall surveyor.
Therefore gaining the benefit of an agreed party wall surveyor.
Agreed party wall surveyors have both time and cost efficiencies for building owners, therefore are generally considered the most favourable outcome whereby there is a Party Wall Notice dissent.
We hope this blog has been helpful and useful in giving you some handy tips on how to approach any planned construction works or specifically works that fall within the realm of the Party Wall etc. Act 1996.
If you would like to discuss this blog in greater detail with our team of experienced and qualified party wall surveyors, please feel free to give us a call today, or pop us an email, we will be more than happy to assist and advise you.
