Building Surveying: Advice on Compliance with Party Wall etc. Act

This article offers legal insights and advice on complying with the Party Wall etc. Act for building work. It covers procedures, identification, work covered, and best advice on any issues that may arise. It also discusses what is needed from the inception of the project to completion of the work.

BUILDING SURVEYING
By Name
Course
Instructor
Institution
Location
Date

The Letter
01/12/2018
French Road Developments Limited
Owners of 51 French Road
0021-06568
London
Re: Advice to the Client on the Proposed Building
Dear Sir/Madam
This is meant to offer advice and legal insights into what is required from the inception of the
project to completion of the work in order to comply with the relevant legislation of the proposed
building work to the Party Wall etc.
A number of legal measures need to be taken into consideration to ensure the process from the
inception of the project to completion of the work proceeds as is expected by the various
legislation and outlined regulations (Oke, AigbavboaI and Thwala, 2016).

The Party Wall Act
Procedures
Identification of Party Wall Act
A party wall is a wall with on leg on each side of the limit of land having a place with (at least
two) distinct proprietors.
A party fence, for example, a garden wall which remains on limit line linking your home and a
neighbour’s (not really connecting a structure).
A party structure is a wall or floor isolating structures or segments of a structure – for instance,
between pads or maisonettes.
The Act covers shared walls between semi-disengaged as well as terraced houses, or structures,
for example, the floors between pads or maisonettes, in addition to plant limit walls.
Notwithstanding adjustments influencing the structures straightforwardly, the impact of any
unearthings inside 3 to 6 meters of the limit can be secured by the Act if the establishments are
viewed as liable to have an effect (in light of profundity)
Work covered by the Party Wall Act
The frequently regularly utilized rights conceded are:
 To pierce into a wall so as to take orientation of a shaft (hang transformation), or to
embed a clammy evidence course or flashings;
 To elevate tallness of walls or potentially increment the thickness of the gathering wall;
 To wreck as well s modify the party wall;

 To support the whole thickness of the party wall;
 Exceptionally minor work, for example, boring to hang retires, or pursuing out to include
new attachments or switches, don't require take note.
What is needed from the inception of the project to completion of the work?
How to Comply with Party Wall Act
In the event that building work influences a gathering structure, you should serve see no less than
two months previously work starts. On account of unearthings, you should give something like
multi months’ notice. Work can start once an assention has been gone into.
You have to keep in touch with all bordering mortgage holders, expressing your name as well as
address, a full depiction of work among them the property address as well as begin date, in
addition to an explanation which it is a Party Wall Notice under arrangements of Act.
Issuing a Written Party Wall Notice
Prior to serving notice, talk to the neighbours regarding your intentions as well as ascertaining
they comprehend that which you intend to do.
You serve notice on the neighbour by keeping in touch with them as well as having your contact
subtleties included as well as full subtleties of attempts to be completed, get to necessities as well
as the proposed date of beginning. In an urban situation, your venture may influence a few
bordering neighbours, and you should serve see on every one of them. On the off chance that a
property is leasehold you should serve see on both inhabitant as well as the building's proprietor.

Give the neighbour subtleties of Party Wall Act with the goal which they comprehend that which
they are consenting to – downloading Planning Portal's clarification of Party Wall Act is most
ideal route about this (Muhammad, 2015).
The neighbour is entitled to 14 days to react as well as give their assent, or demand a gathering
divider settlement. In the event that they consent to the works in keeping in touch with, you
won't require a gathering divider assention and such may save money on charges that are
commonly £700 to £900 every neighbour. It thusly pays to reach out to neighbours first to
examine your proposition and to endeavor to conquer any issues ahead of time, or in any event
guarantee they get the notice and react inside 14 days, in such a case that they neglect to, they are
considered to be in debate and you should educate a surveyor at any rate, regardless of whether
they agree to the works or not.
It's dependably a smart thought to talk about proposition ahead of time of serving notice. On the
off chance that you get the neighbour on board, they can basically agree to work (yet you will
require such in composing) and you'll bring about no expenses.
You will in any case need to consent to the terms of the Act, for instance maintaining a strategic
distance from superfluous burden, giving impermanent assurance to nearby structures and
properties where essential and remunerating your neighbour for any misfortune or harm on the
off chance that it is caused by the work.

Best advice on any issues that may arise in relation to the Party Wall etc. Act
Failing to observe Party Wall Act
While neglecting to watch the demonstration isn't an offense, your neighbours can make
common move against you having an order issued to stop further work not until the point when a
party wall notice is orchestrated. This will postpone your task and is probably going to expand
your expenses – your developer may request remuneration for time they are not able to work, or
can begin another activity thus not return for a while.
The neighbours may look for pay in the event that they can demonstrate they have endured a
misfortune because of work hence it might even require expulsion of work. The equivalent
applies on the off chance that you host a get-party wall agreement with your neighbours yet
neglect to watch the terms concurred.
What happens should the Adjoining Owner Rejects to Consent to Work?
In the event that they decline or neglect to react, you are considered to be in question; if this
occurs, you can contact the proprietor and endeavor to arrange an understanding.
They may keep in touch with you and issue a counter-see, asking for specific modifications to
work, or set conditions, for example, working hours. On the off chance that you can achieve
understanding, set the terms in motion and trade letters, work can start (Sweet, Benson, Nelson
and Moberg, 2015).
In the event that you neglect to achieve an understanding, you will have to delegate a surveyor to
organize a Party Wall Award which will set out the subtleties of work. Ideally, the neighbour
will consent to utilize indistinguishable surveyor from you – a 'concurred surveyor' hence it will

just cause a solitary arrangement of expenses (Hilliard, 2015). Be that as it may, your neighbour
has the privilege to delegate their own surveyor to your detriment.
On the off chance that the surveyor of every side still cannot concur, you need to hire the
services of a third surveyor to settle.
Part 3 of Environmental Protection Act 1990 puts a responsibility on a local authority to evaluate
complaints of statutory nuisance from dwellers within its geographical confines. Such include
complaints regarding noise as well as dust from the worksfoing on in the building in which it
greatly interfers with the use or even enjoyment of their premises or otherwise is deemed
prejudicial to their health as well as safety (Hoffman et al., 2016).
The local authority would often promote the neighboring lndlords to handle issues amicably – for
examole by organizing deiverng or construction worls to be carried out only some hoyrs of the
day and limiting the activities conduct on Sundays and Bank Holidays. Should the local authority
choose to adopt any enforcement action, one is advised to bide by ssuch since failure to adhere
could lead to legal prosecution.
The Party Wall etc. Act 1996 is applicable to England as well as Wales. Scotland alongside
Northern Ireland depend on customary law as opposed to enactment to settle party wall question.
Neighbouring proprietors can consult to enable work to continue – and access can be constrained
through the courts if important (Sims, Long, Tender and Young, 2015).
 A party wall is a wall with on leg on each side of the limit of land having a place with (at
least two) distinct proprietors.

 A party fence, for example, a garden wall which remains on limit line between the home
of an individual and that of a neighbor (not really connecting a building).
 A party structure refers to a wall or floor isolating structures or segments of a strcuture –
for instance, between pads or maisonettes.
Notifiable works may fall into any of three groups:
Excavation that is adjacent to an adjoining Owner’s Building: this sort of work is secured by
segment 6 of the Act and can be separated in to two sections. Underneath I have given applicable
content from demonstration together with a portray which I expect will clear up depiction.
Segment 6(1), where -
(an) a building proprietor proposes to unearth, or uncover for and erect a building or structure,
inside a separation of three meters estimated on a level plane from any piece of a building or
structure of a connecting proprietor; and

(b) any piece of proposed uncovering, building or structure will inside those three meters stretch
out to a lower level than dimension of the base of establishments of building or structure of
abutting proprietor (Reddy, 2015).
Erection of a new wall at line of junction between two properties: This classification covers
development of new walls at line of intersection i.e. the limit line between two properties in
various proprietorships (Sweet, Benson, Nelson and Moberg, 2015). The new divider might be
developed to the limit line however entirely on the place that is known for the Building Owner or
with on leg on each side of the limit line i.e. with part of it on every proprietor's side. On the off
chance that the Adjoining Owner declines assent, the divider must be assembled entirely on the
Building Owner's side. The development of new divider at the line of intersection is secured
under segment 1 of the Act.

There are two down to earth reasons why a Building Owner should need to do work nitty gritty
under this area of the Act:
1. To expand the width of a rear extension.
In the event that the flank dividers of another augmentation can be assembled with on leg on
each side of the limit then a couple of additional square feet of inner floor space will be picked
up (Owusu-Manu et al., 2016). It ought to be noticed that new dividers constructed on the back
of the limit under this area of the Act will be characterized as gathering dividers and might be
encased upon by the Adjoining Owner at a later stage (subject to serving notice and contributing
towards the expense of building the wall).
2. To supplant a current limit divider, fence or support with a gathering divider or party fence
wall.
This is less normal and the inspiration will for the most part be to give extra protection or to
conquer the support that is required with wall and fences. The notice time frame for building

another divider at the line of intersection is 1 timetable month. Strategies contrast from works
under segments 2 and 6 of the Act in that there is no programmed contradiction to a notice
following 14 days. On the off chance that the divider which the Building Owner wishes to
develop is entirely without anyone else land and he has had no reaction to his notice following 1
date-book month has passed he is allowed to continue (Urick, Kaskie and Carnahan, 2016).
Work having a direct effect on a party wall

References
Hilliard, A.T., 2015. Global Blended Learning Practices for Teaching and Learning, Leadership
and Professional Development. Journal of International Education Research, 11(3), pp.179-188
Hoffman, S.J., Guindon, G.E., Lavis, J.N., Randhawa, H., Becerra-Posada, F., Dejman, M.,
Falahat, K., Malek-Afzali, H., Ramachandran, P., Shi, G. and Yesudian, C.A.K., 2016.
Surveying the knowledge and practices of health professionals in China, India, Iran, and Mexico
on treating tuberculosis. The American journal of tropical medicine and hygiene, 94(5), pp.959-
970
Muhammad, M.R.R., 2015. The significance of Building Information Modelling to the Quantity
Surveying practices in the UAE Construction Industry. In 6th International Conference on
Structural Engineering and Construction Management (pp. 22-32)
Oke, A., AigbavboaI, C. and Thwala, W., 2016. Personnel management practices in Nigerian
quantity surveying firms. Journal of Construction Project Management and
Innovation, 6(Supplement 1), pp.1651-1663
Owusu-Manu, D., Torku, A., Pärn, E., Addy, M.N. and Edwards, D.J., 2017. An empirical
assessment of innovation practices of quantity surveying firms in Ghana. Journal of
Construction Project Management and Innovation, 7(Supplement 1), pp.1843-1858
Reddy, Y.B., 2015. The Changing Face of Quantity Surveying Practices in Construction Industry
Sims, A.M., Long, S.A., Tender, J.A. and Young, M.A., 2015. Surveying the knowledge,
attitudes, and practices of District of Columbia ACOG members related to
breastfeeding. Breastfeeding Medicine, 10(1), pp.63-68

Sweet, J.J., Benson, L.M., Nelson, N.W. and Moberg, P.J., 2015. The American Academy of
Clinical Neuropsychology, National Academy of Neuropsychology, and Society for Clinical
Neuropsychology (APA Division 40) 2015 TCN professional practice and ‘salary survey’:
Professional practices, beliefs, and incomes of US neuropsychologists. The Clinical
Neuropsychologist, 29(8), pp.1069-1162
Urick, B.Y., Kaskie, B.P. and Carnahan, R.M., 2016. Improving antipsychotic prescribing
practices in nursing facilities: The role of surveyor methods and surveying agencies in upholding
the Nursing Home Reform Act. Research in Social and Administrative Pharmacy, 12(1), pp.91-
103

Appendix A: Cover Letter
Cover Letter
Victoria Hernandez
12 Maple Street
Citytown, IL 60416
555-555-5555
[e-mail]
September 1, 2018
James Smith
Hiring Manager
Citytown Therapy
35 Oak Avenue
Citytown, IL 60416
Dear Sir/Madam
I am composing this letter to express my significant enthusiasm for the slot of a building
surveyor in your organization. I went over the commercial in (notice the source for the job
vacancy. I am capable in the zone of development and contracting which you know are the two
imperative zones for the position. I have encased my resume with this letter for your further
consideration.

I am presently filling in as a right hand building surveyor for (notice the name of your present
place of employment organization) where I have picked up experience chipping away at both
little and substantial scale ventures. I am keen on building reviewing and would love to develop
and be the best in this field. My experience here in this calling has shown me the significance of
value client benefit. I have additionally picked up a decent correspondence aptitude. This was
immediately adjusted all through the organization and enhances its proficiency.
I would be appreciative on the off chance that you could set a period wherein we can examine on
this more. You can get in touch with me at (embed your contact subtleties) or just email me at
(notice your email id).
Sincerely,
Janegsy Hosnnsy

Appendix B: Notice of Adjacent Excavation
Notice of Adjacent Excavation
Party Wall etc. Act 1996 section 6
To: Mr James Kiahr
of 020001 London
We French Road Developments Limited
Of 23362 London
as owners of 51 French Road
which adjoins your premises known as Ngara Heights
HEREBY SERVE YOU WITH NOTICE THAT IN ACCORDANCE WITH OUR RIGHTS
Under section 6(1)
it is intended to build within 3 metres of your building and to a lower level than the bottom of
your foundations, by carrying out the works detailed below, after the expiration of one month
from the service of this notice.
IT IS PROPOSED TO UNDERPIN OR OTHERWISE STRENGTHEN IN ORDER TO
SAFEGUARD THE FOUNDATIONS OF YOUR BUILDING.
The accompanying plans and sections show the site and the excavation depth proposed:-

The intended works are:
The proposed works do not involve special foundations and accordingly I attach the relevant
plans, sections and details of construction
It is intended to commence works as soon as the Notice has run or earlier by agreement.
Under section 6(7), if you do not consent to the works within 14 days you are deemed to have
dissented and a dispute is deemed to have arisen. In such case section 10 of the Act requires that
both parties should concur in the appointment of a surveyor or should each appoint one surveyor
and in those circumstances
we would appoint James Kirubi BSc(Hons) MWRS UTHSY
of
51 French Road, London EC1V 4PW - Telephone: [phone] - Email: info@51-
frenchroad
Signed (Date)
(Building owner)

Appendix C: Line of Junction Notice
Line of Junction Notice
To Kinuthia Patel
Of 21512-266
London
15/12/2018
Dear Sir/Madam
The Party Wall etc Act 1996
Notice of proposed works under section 1(2) of the Act - Line of Junction Notice.
As the owner/s of 51 French Road which is adjacent to your
premises at Pangani Heights I/we French Road Developments Limited of 0215-0325, London
notify you that in accordance with
our rights under section 1 of the Party Wall etc Act 1996 I/we intend to build at the
Line of Junction between our properties
Further information about the Act can be found in the
Explanatory booklet available to download from: https://www.gov.uk/party-wall-etc-
Act-1996-guidance
I/we would, with your written permission, like to build a new wall as a party wall astride the
boundary. If you are content for me/us to build a party wall astride the boundary please
complete, sign and return the attached letter within 14 days. If I/we do not receive your
written permission or you dissent the wall will be built wholly on my/our own land up to the
boundary line
The proposed works are: an erection of a 3m adjacent wall to your building
I/we intend to start works on date of works 02/02/2019
Under the right given by section 1(6) of the Party Wall etc Act it is intended to put projecting
foundations under your land
In the event of any dispute between us under the Act, would you be willing to agree to the
appointment of an 'Agreed Surveyor'?
If the answer is yes I suggest using James Orengo, 02010-London but would be happy to
receive your alternative proposal.
If the answer is no, please let me know whom you would appoint as your surveyor.
Yours sincerely
51 French Road