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Category: Resources

  • Party Wall Awards

    The party wall process can be complex to navigate but with good communication, sound advice and suitable planning much of it can be streamlined

    When planning your extension, new home or refurbishment project, something you might not have considered are your obligations under the Party Wall etc. Act 1996. The act applied to owners undertaking extension work throughout England and Wales and require a notice of an owners intention to undertake these work – to be served to an adjoining owner – which can give rise to a party wall award depending on how the notice is acknowledged.

    Generally, this involves work to a shared wall in a terraced property, excavation within 3 or 6 metres of a neighbours properties when new foundations are proposed or new construction where lands of different owners adjoin in gardens.

    You have is a legal requirement to serve a notice, and you must appoint a Party Wall Surveyor, depending how the notice is acknowledged, to oversee the process and draw up the legal documentation. This includes the Architectural and Structural Engineer drawings together with any relevant method statements. You cannot act for yourself if you have an interest in a property. Your Architect will manage the process for you, as your Lead Consultant – coordinating the necessary information and submitting this to the Party Wall surveyor as required.

    1. What Are The Main Considerations to be 

    Aware of Regarding The Party Wall Act?

    When undertaking work which is notifiable under sections of the Act you have a legal obligation to notify all adjoining owners of your intention to undertake work which could affect their property. We would recommend the notices are prepared by an experienced surveyor on your behalf and once served, effectively begin the process.

    Each adjoining owner has 14 days to acknowledge the notice and can either, ‘consent’, meaning they are content with your works or ‘dissent’ meaning they would like their rights and obligations set out in a party wall award.

    If a consent is received you will have fulfilled your legal obligations and can start work immediately, it is recommended that you engage your surveyor to undertake a schedule of condition of their property to narrow the argument in the event of any damage. If no response is received a dispute is deemed to have arisen and we can serve a 10 day letter to further the process and eventually appoint a surveyor to act on an adjoining owners behalf in the event notices remain ignored. An adjoining owner could also ‘dissent’ to the notice and appoint your surveyor to act impartially to agree and serve a party wall award setting out the rights and obligations of both owners, this is known as an ‘agreed survyeor’ appointment. An adjoining also has the right to appoint their own surveyor and you are liable for their reasonable costs, which will usually be based on their hourly rate multiplied by time spent in effective conclusion of the matter which is then agreed by your surveyor who is appointed to act on your behalf. The net result of the ‘dissent’ options is that a party wall award is agreed and served onto both owners that authorises your work by exercising your legal rights whilst safeguarding an adjoining owners interest in the event that any damage is caused.

    “Informal communication with neighbours is paramount and could result in savings of thousands of pounds and months of delay”

    2. What Advice Would You Give to Someone Planning Their Extension or Refurbishment Project?

    Start early, be as prepared as possible because some notices have a 2 month time statutory time period before you can start the work, this can however be waived by an adjoining owner. Do not hesitate to ask as many questions as necessary to understand your rights and obligations. Ensure you have fully engaged with your design team so that your scheme is as final as possible, any variations to the scheme after the service of award will incur additional fees from surveyors to regularise the legalities of the matter and cause you a delay.

    3. Could You Explain Briefly How The Act Works And What You Offer As a PW Surveyor During The Process?

    The Act provides a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations near neighbouring buildings. If you are undertaking any notifiable work to your property it is compulsory to meet the requirements of the Act to ensure your legal obligations have been fulfilled. We understand that the Party Wall etc. Act 1996 is a complicated and difficult piece of legislation to navigate.

  • Planning Fee Increases 2025 in the UK: All You Need To Know

    Planning Fee Increases 2025 in the UK: All You Need To Know

    Proposed Planning Fee Increases for 2025 in the UK: Key Highlights and FAQs

    The UK government has proposed significant changes to planning application fees as part of its consultation on the National Planning Policy Framework (NPPF). These changes aim to address the funding shortfalls faced by local planning authorities, ensuring cost recovery and enhanced service delivery. Here we prepared a summary of the proposed changes, the rationale behind them, and answers to common questions.

    Homz Flat Conversion Costs

    Key Highlights

    1. Proposed Fee Adjustments:
      • Householder Planning Applications: Fees are set to rise from £258 to £528, reflecting the actual costs of processing such applications.
      • Other Developments: The increases aim to better align fees with the resources required, particularly for smaller-scale applications, which make up 80% of submissions but generate only 20% of fee income.
    2. Addressing Shortfalls:
      • Local authorities currently face an annual shortfall of £262 million in development management services. The proposed fee hikes aim to close this gap and provide financial stability to planning departments, particularly those reliant on householder applications.
    3. Application Coverage:
      • New fees are under consideration for previously exempt applications, such as those for listed building consents and tree preservation orders. This change seeks to distribute costs more evenly.
    4. Nationally Significant Infrastructure Projects (NSIPs):
      • The consultation also explores introducing statutory fees for NSIPs to compensate local authorities for the significant resources required to engage in the development consent process. This measure aims to streamline funding and reduce reliance on lengthy, uncertain negotiations.
    5. Timeline:
      • Subject to parliamentary approval, the changes are expected to come into effect by the end of 2024.

    Background on the Current Shortfall

    In December 2023, planning application fees were already increased—by 35% for major developments and 25% for other applications. However, a government analysis indicates that local planning authorities still face a significant funding gap, estimated at £262 million annually.

    Most of this shortfall arises from smaller applications, which represent the majority of cases handled by planning authorities. For example, householder applications account for 52% of all submissions, yet their current fee of £258 often fails to cover associated costs. Conversely, fees for major applications, which make up just 3% of submissions, generally recover their costs.

    The imbalance means that 80% of all applications generate just 20% of fee income, leaving many authorities—especially those with fewer major developments—financially vulnerable.

    Implications for Nationally Significant Infrastructure Projects (NSIPs)

    The consultation also addresses cost recovery for local authorities involved in NSIPs. These projects, often resource-intensive, currently lack statutory provisions for fee recovery. Local authorities can negotiate planning performance agreements with developers, but these arrangements are often time-consuming and unpredictable, delaying necessary resourcing.

    The government aims to streamline this process and ensure local authorities can adequately fund their engagement with NSIPs.

    • Funding Gap: Local authorities face a £262 million shortfall in funding for development management services.
    • Disparity in Cost Recovery: Smaller applications dominate submissions but generate limited income.
    • Fee Revisions: Proposed increases aim to ensure cost recovery and reduce financial vulnerabilities.
    • New Fee Categories: Potential introduction of charges for currently exempt application types.

    pre planning advice by Homz

    Dates To Take Note

    • December 6, 2023: The UK government revealed its proposal to increase fees for planning applications in England, initiating the reform process.
    • April 1, 2024: This date signifies the start of the newly established fee structure for planning applications in England, highlighting the UK government’s dedication to enhancing and streamlining the planning procedure.
    • By January 1, 2025: The UK government will enforce a notable increase in fees for planning applications.
    • April 1, 2025: The new increased fees will take place.

    Conclusion

    The proposed fee increases represent a significant shift in how planning services are funded in the UK. While the changes aim to address chronic underfunding, they also raise questions about affordability for individuals and businesses. Stakeholders are encouraged to participate in the consultation process to ensure that the reforms are both effective and equitable.

    Frequently Asked Questions

    1. Why are the fees increasing? The current fee structure fails to cover the full costs of processing applications, leading to deficits in local authority budgets. By increasing fees, the government intends to improve service quality, reduce delays, and ensure sustainable operations.

    2. Who will be most affected by these changes? Householder applications, which make up 52% of all submissions, will see the most significant fee increases. This adjustment reflects their current under-recovery of costs and their disproportionate impact on local authority workloads.

    3. Are major developments also impacted? No significant changes are planned for major developments, as their current fees are already sufficient to cover associated costs. These applications represent only 3% of total submissions.

    4. Will exemptions still exist? The government is considering removing exemptions for applications like listed building consents and works on protected trees. This change is meant to balance the cost burden and ensure that all applicants contribute fairly.

    5. How will this impact the planning process? The increased revenue is expected to enhance planning services, enabling local authorities to invest in staff and technology. This could lead to faster processing times and better engagement with stakeholders.