If your neighbour consents then that is the end of the matter as far as The Party Wall Act is concerned although to protect yourself you may wish to arrange for a schedule to be taken on their property to identify its existing condition. This will ensure that any existing defects are recorded and not wrongly attributed to your work later. If your neighbour chooses not to consent in writing then the next decision to be made is whether 1 or 2 surveyors are appointed. The Act allows for an ‘Agreed Surveyor’ and you are free to put forward the name of your surveyor for their your neighbours consideration although you should not put any pressure on them to concur in his appointment.
Party wall disputes? Here are a few tips: What 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.
Plants and any other large object present on windowsills should be removed, as these will also be assessed by the surveyor. This saves the surveyor from having to move things around themselves. Mould is one of the most obvious signs of damp in a home and must always be dealt with as it can thrive if left alone. Make sure you scrub away any mould that is present in your kitchen or bathroom, fix dripping taps by replacing the washers.
Likewise your property may be scouted by buy-to-let investors who are looking for a quick sale without too much trouble, or who are looking for a ‘ready’ home that they can move tenants into straight away. Try to put yourself in the shoes of your next potential buyer. Ask yourself these questions; can I move in here straight away? Will it cost me to make immediate repairs? Are these issues easily fixed? Am I willing to conduct any DIY or have repairs made by a technician?
Our Director Nathan Foley is a degree qualified building surveyor with over 20 years of construction experience starting out as a plumbing and heating engineer and then moving on to construction and building surveying. Having worked within the construction industry covering a number of different disciplines including project management and contract management, this wealth of experience working at all levels of the construction industry is backed up by educational standards including a BSc (Hons) in Building Surveying and NCRQ health and Saftey Diploma in addition he has also achieved the following technical levels of recognition. See extra info on Party Wall Surveyor Kent.
The Party wall act, the Party Wall etc. Act 1996 act to give its full name is a piece of legislation that was mainly transferred from Part VI of London Building Acts (amendment) Act 1939, it applies in England and Wales. The main purpose of the act is to provide a framework for amicably preventing and resolving disputes between neighbours in relation to Party Walls, boundary Walls and Excavations near neighbouring buildings. Building owners are given statutory rights that did not exist in existing common law, when undertaking certain types of construction as defined by the Act. As well as these rights it obliges Building owners to give appropriate notice and for the relevant notice period if they intend on carrying out the defined work.
These types of work all require notices to be served as required by the act, once notice has been served, if there is dissent then it is deemed there is a dispute and the Act allows for this, this would be the dispute or resolution stage. Most disputes arrive when the Adjoining Owner has worries or concerns with the proposed work or simply fails to respond in the statutory time to the building owner, for which there could be many reasons. Where a dispute arises either due to non-consent or no response then the Act lays down the steps required to resolve the dispute this is where the Building Owner and the Adjoining Owner will each appoint there Surveyor this could be one each or even the same surveyor with an agreement for all parties working as the Agreed Surveyor. The full Building/ Structural Survey cost will vary from 500 to 1,300; the survey cost will depend on the property type, size and location. To save you money on your survey, compare fees by filling in our simple and quick form and receive up to four instant quotes from our RICS regulated Chartered Surveyors. As one of the most comprehensive surveys available, more often than not a building survey will be requested by potential buyers of your property. It is a wide range inspection of the entirety of a property done in more specific depth than a Homebuyers Report or a Mortgage Valuation. A Building Survey’s purpose is to give a detailed report of the condition of the property in question.
Home and building survey tips and tricks : Is your Home Cracking Up? Many cracks that appear in houses, new or old aren’t a major problem, just something that happens as properties settle on the ground they are built on. Some properties though suffer severe cracks which are structural problems, many of which can be easily fixed. Any cracks that take a 10p piece fitted in sideways, to should be checked by a local independent property surveyor. Make sure Windows are Doors are Water and Wind Tight, If you have wooden windows, check they are painted properly, sealed and there are no cracks in the windows that would allow any wind or water to get through. If they are plastic and double glazed, check they are well fitted and there are no draughts coming through. Make sure that the glazing meets current standards. Discover additional details at www.home-heroes.co.uk.