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Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall, also known as common wall or as a demising wall) is a dividing partition between two adjoining buildings that is shared by the occupants of each residence or business. Typically, the builder lays the wall along a property line dividing two terraced houses, so that one half of the wall’s thickness lies on each side. This type of wall is usually structural. Party walls can also be formed by two abutting walls built at different times. The term can be also used to describe a division between separate units within a multi-unit apartment complex. Very often the wall in this case is non-structural but designed to meet established criteria for sound and/or fire protection, i.e. a firewall.
The Party Wall Act 1996
as it effects the garden
At first sight, it is simple to believe that the 1996 Party Wall Act does not affect garden construction, nevertheless it does affect the building and construction of limit walls even if not part of structures and can likewise applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and provides you rights and duties whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on a pertinent structure or if your neighbour is.
The Party Wall Act does not apply to limit fences.
The Party Wall Act does not impact any requirement for Planning Approval for any work carried out. Having Planning Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into effect if someone is planning to do deal with an appropriate structure, for the purposes of the Act ‘party wall’ does not simply suggest the wall between two semi-detached properties, as far as gardeners are concerned it covers:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is used to separate the residential or commercial properties but is not part of any structure.
- Excavation close to a neighbouring residential or commercial property.
For details of how the Party Wall Act affects structure work in basic, take a look at this page.
Just like all work impacting neighbours, it is constantly much better to reach a friendly agreement rather than resort to any law. Even where the work requires a notification to be served, it is better to informally discuss the intended work, think about the neighbours comments, and modify your strategies (if appropriate) before serving the notification.
What garden work requires a notice and approval.
The basic principle of the Party Wall Act is that all work which might have an effect upon the structural strength or assistance function of the party wall or may trigger damage to the neighbouring side of the wall need to be informed. Guidance ought to be sought from a regional Structure Control Office or expert surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act consist of:
- To demolish and/or rebuild/build a party limit wall.
- To increase the height or density of a party border wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the structures of the neighbouring structure.
- Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring structure.
Boundary walls
If the prepared deal with a border wall falls under the Party Wall Act, a notification needs to be released to all impacted neighbouring parties. The notice needs to consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the residential or commercial property carrying out the work.
- The address of the home.
- A complete description of the proposed work (this will normally be simply a single sentence detailing the work).
- The proposed start date for the work.
- A clear declaration that the notification is being served under The Party Wall etc Act 1996.
- The date the notice is being served.
- If the work includes excavations, a drawing showing the depth, position etc
If the prepared work is a new limit wall up to or astride the boundary line the procedure of serving a notification under the Party Wall Act is as follows:.
- The individual planning to carry out the work must serve a composed notification a minimum of one months before the desired start of the work to every neighbouring party offering details of the work to be performed.
- Each neighbouring party should react in writing giving authorization or registering dissent – if a neighbouring party does nothing within 14 days of getting the notice, the result is to put the notice into conflict. No formal arrangement is needed for a wall up to the limit line, the neighbour simply requires not to object in writing.
- No work may commence on a wall astride the limit line till all neighbouring celebrations have actually agreed in writing to the notice (or a revised notice).
See listed below regarding what happens in the event of a dispute/objection.
Excavations.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notification requires to be served at least one month prior to the prepared start day of the work. Neighbouring celebrations need to give written contract within 14 days or a dispute is considered to have actually happened.
See listed below concerning what happens in the event of a dispute/objection.
What takes place if a disagreement arises.
If agreement can not be reached in between neighbouring parties, the procedure is as follows:.
- A Property surveyor or Surveyors is/are selected to determine a fair and unbiased Award, either:.
- A single ‘Concurred Property surveyor’ (somebody acceptable to all celebrations).
or. - Each party selects their own Surveyor to represent the individual celebrations.
The individual who is carrying out the work will typically need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the opinion of the Surveyor. However it must be noted that any Property surveyor should act within their statutory duties and propose a neutral and reasonable Award.
- A single ‘Concurred Property surveyor’ (somebody acceptable to all celebrations).
- The Agreed Property surveyor, or the individual Surveyors jointly, will produce an Award which must be objective and reasonable to all parties.
- As soon as an Award has been made, all parties have 2 week to interest a County Court against the Award.
Once you have contract.
All work needs to comply with the notice when you have agreement. All the arrangements must be kept to guarantee that a record of the granted permission is kept; a subsequent buyer of the property may wish to develop that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just given a quick summary of the Party Wall Act here as it affects garden work however take a look at the Communities and City government site for a more extensive explanatory pamphlet consisting of example letters for notifications and reactions.
- Talking about intended work with neighbours is complimentary and can avoid misunderstanding which may arise if a notice gets here suddenly.
- Your regional Building Control Workplace may have the ability to provide free suggestions relating to the Party Wall Act and how it applies to specific circumstances.
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