The Party Wall, for example. Act 1996 regulates three distinct forms of work: alterations to party structures (often walls, but they can also be floors), the building of new walls at the boundary, and excavation near neighbouring dwellings.
Here are some typical instances of jobs that the Act is likely to cover:
If the proposed work is covered by the Act, the building owner must give notice and obtain the consent of the affected adjacent property owner. If this consent is not given, the parties are deemed to be "in dispute" under the Act, and surveyors must be chosen in order to resolve the conflict through a Party Wall Agreement (commonly referred to as a "Honor").
If the two designated surveyors are unable to resolve any of the issues in dispute, they may refer to a third land surveyor who was previously chosen.
To help ensure that everything goes smoothly, Party Wall Solutions employs a team of 12 knowledgeable party wall surveyors, assistant surveyors, and also certified party wall managers.
You are welcome to contact us for advice if you have plans to complete work that falls under the purview of the Act or have received a notice informing you of suggested tasks that could have an impact on your building because we service the entire internal M25 region from our network of Matlock offices.
Party Wall Solutions, like all of our residential property evaluations, Party wall studies are carried out by surveyors, who also offer a free and unbiased service.
A Party Wall is a wall between properties whose owners have joint responsibility for the Party Wall. Our Surveyors have the expertise to advise you on a range of Party Wall issues that may be affecting your property.
In most cases, a Party Wall Surveyor is hired to help with the creation and administration of a Party Wall Award or Arrangement under the Party Wall Act of 1996 in the instance of residential or commercial properties sharing a Party Wall.
Party Wall Solutions Surveyors in Matlock evaluate the nature of the Party Wall and its setting in relation to both private homes, acting on behalf of the Building Owner or the Adjacent Owner. They can also offer impartial recommendations for either party in consideration of prepared structural adjustments or repairs needed.
If you are preparing to do any of the following, our party wall surveyors' advice may be necessary:
Party Wall Notices should be served for any work being performed in relation to a Party Wall.
We routinely handle Party Wall concerns of various complexity for both building owners and adjoining proprietors as impartial and independent RICS Surveyors.
Our specialised Party Wall Surveyors are members of the Faculty of Party Wall Surveyors and the Pyramus & Thisbe Club in addition to being a managed company of Chartered Surveyors.
As the building owner, you are always advised to have a positive and also open connection with your neighbour in order to discuss any construction plans before serving Party Wall Notices in Matlock.
When would you need a party wall award, party wall announcement, or party wall arrangement? Our guide provides you with all the information you need to get the necessary approvals to complete your structural work. Moreover, you should know where to go for a party wall surveyor in Matlock if you need one.
Using appropriate standard forms or paying a flat fee to a party wall surveyor, serving notice can be done for free. Usually, a letter of recognition is enclosed for the neighbour to fill out and return.
A property owner must give one month's written notice for excavations and two months' written notice for construction projects that affect a party wall or border.
To serve a Party Wall notice, preparation authorisation is not required, and furthermore after notice has been given, the home owner has up to a year to start work in Matlock.
After notice is given, a neighbour has fourteen days to respond. If they don't, one of three things could happen:
i) The neighbour acknowledges in writing that the property owner will undoubtedly fix any problems.
ii) A Party Wall Honor is necessary if the neighbour objects (or if they don't answer within 14 days, in which case they are deemed to have objected).
In this situation, both the property owner and the neighbour can choose ONE Agreed Surveyor, who can operate impartially for both, often within 10 days.
The agreed-upon surveyor must be impartial and NOT the same surveyor that the home owner would be using for their own projects. Otherwise, it is unlikely that their neighbour will see the surveyor impartially.
The Agreed Surveyor creates a "Award" that includes information about the requested work as well as a timeline and pictures of the neighbor's home's condition.
Surveyors' rates are from $15.00 to $20.00 per hour, and a party wall honour costs about $100.00 in addition to their own fees.
Some designers can also serve in the capacity of surveyors.
Each owner appoints a separate surveyor. However, this comes at a high cost to the homeowner who must pay both their own and the surveyor's fees for their neighbour.
All of these options must be explained in detail in the notification and must be accessible to the neighbour.
After receiving notice, your neighbour may:
If your neighbour agrees to your notice, they must notify you in writing within 14 days, and you must do the same with any counternotice. Within one month of the initial notice, a counter notice must be submitted.
The notice must elicit a response from your neighbours. You cannot infer from the silence that they reject the notice.
The dispute resolution procedure will also begin if they don't react to your notice within the allotted time.
Any form of construction work that you begin on a shared wall requires payment.
If repairs are necessary due to faults or a lack of repair services, your neighbour may be required to contribute financially. If they request extra tasks to be performed for their benefit, they will also be required to pay.