The Faulkners Surveyors is a specialist Chartered Structure Surveying Practice that operates throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall and so on. Act 1996 and provides the following services:
Objective suggestions on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Surveyor for either Adjacent Owners or Structure Owners
Acting as the Agreed Party Wall Property Surveyor
Carrying Out Schedules of Condition studies
Preparation and negotiation of Party Wall Awards (Arrangements).
Party Wall (WikiPedia)
The Party Wall Act 1996
as it impacts the garden
At first sight, it is simple to believe that the 1996 Party Wall Act does not impact garden construction, however it does impact the building of boundary 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 gives you rights and responsibilities 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 border fences.
The Party Wall Act does not impact any requirement for Planning Authorization for any work carried out. Likewise, having Preparation Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into effect if someone is planning to do work on a pertinent structure, for the functions of the Act ‘party wall’ does not just mean the wall in between two semi-detached properties, as far as garden enthusiasts are worried it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is utilized to separate the residential or commercial properties however is not part of any structure.
- Excavation near to a neighbouring home.
For details of how the Party Wall Act affects structure operate in basic, have a look at this page.
Just like all work impacting neighbours, it is constantly much better to reach a friendly arrangement instead of turn to any law. Even where the work needs a notification to be served, it is better to informally go over the intended work, consider the neighbours remarks, and change your strategies (if proper) prior to serving the notice.
What garden work requires a notification and permission.
The general principle of the Party Wall Act is that all work which might have a result upon the structural strength or support function of the party wall or may trigger damage to the neighbouring side of the wall should be alerted. If in doubt, advice needs to be sought from a local Structure Control Workplace or expert surveyor/architect.
Operate in the garden covered by the Party Wall Act consist of:
- To demolish and/or rebuild/build a party boundary wall.
- To increase the height or density of a party boundary wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go listed below the bottom of the structures of the neighbouring structure.
- Excavations within 6 metres of a neighbouring structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring structure.
If the planned work on a boundary wall falls under the Party Wall Act, a notice should be issued to all impacted neighbouring celebrations. The notice must consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- 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 typically be just a single sentence describing the work).
- The proposed start date for the work.
- A clear statement that the notice is being served under The Party Wall etc Act 1996.
- The date the notification is being served.
- If the work includes excavations, a drawing revealing the depth, position etc
If the planned work is a new limit wall approximately or astride the border line the procedure of serving a notice under the Party Wall Act is as follows:.
- The individual meaning to perform the work needs to serve a written notification a minimum of one months before the intended start of the work to every neighbouring party providing information of the work to be performed.
- Each neighbouring party should react in composing providing authorization or signing up dissent – if a neighbouring party not does anything within 2 week of getting the notification, the result is to put the notification into conflict. Nevertheless no official arrangement is required for a wall as much as the border line, the neighbour simply needs not to object in composing.
- No work may begin on a wall astride the limit line up until all neighbouring parties have agreed in writing to the notice (or a revised notice).
See below regarding what takes place in case of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served at least one month before the planned start day of the work. Neighbouring celebrations should provide written agreement within 2 week or a conflict is considered to have happened.
See listed below concerning what happens in case of a dispute/objection.
If a disagreement develops, what takes place.
If contract can not be reached between neighbouring parties, the procedure is as follows:.
- A Property surveyor or Surveyors is/are designated to determine a impartial and fair Award, either:.
- A single ‘Concurred Surveyor’ (somebody appropriate to all parties).
- Each party designates their own Surveyor to represent the individual parties.
The person who is carrying out the work will usually have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the opinion of the Property surveyor. Nevertheless it needs to be noted that any Surveyor needs to act within their statutory duties and propose a neutral and reasonable Award.
- A single ‘Concurred Surveyor’ (somebody appropriate to all parties).
- The Agreed Surveyor, or the individual Surveyors collectively, will produce an Award which must be reasonable and neutral to all parties.
- Once an Award has actually been made, all parties have 2 week to appeal to a County Court against the Award.
Once you have contract.
When you have contract, all work needs to adhere to the notification. All the agreements ought to be kept to ensure that a record of the granted permission is kept; a subsequent buyer of the home might wish to establish that the work was carried out in accordance with the Party Wall Act requirements.
- We’ve only provided a quick overview of the Party Wall Act here as it impacts garden work however have a look at the Neighborhoods and Local Government site for a more comprehensive explanatory brochure including example letters for reactions and notifications.
- If a notice shows up suddenly, talking about designated work with neighbours is free and can prevent misunderstanding which may occur.
- Your local Building Control Workplace might be able to offer complimentary recommendations concerning the Party Wall Act and how it applies to specific situations.
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