We are Party Wall Surveyors specialising in party wall concerns in UK. We have more than twenty five years experience of working in UK, acting for specialists, organizations, along with for people.
Each brief is distinct, and our devoted group of party wall property surveyors is experienced in dealing with all manner of issues connecting to party walls. We are proud to provide a bespoke service to match the varying needs of our customers.
This site is created to offer standard details as well as offering you the opportunity to contact us directly with your requirements and issues, thus enabling our expert Party Wall Surveyors to encourage you appropriately.
The current legislation dealing with party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or foundations (including stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors provides an unique specific niche service, which enables you to have the very best quality service at competitively priced fees.
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Party Wall (WikiPedia)
The Party Wall Act 1996
as it impacts the garden
At first sight, it is simple to think that the 1996 Party Wall Act does not affect garden construction, however it does affect the construction of boundary walls even if not part of buildings and can likewise applies to deep excavations.
The Party Wall Act 1996 entered force in 1997, so it is now law and gives you rights and duties whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with an appropriate structure or if your neighbour is.
The Party Wall Act does not apply to boundary fences.
The Party Wall Act does not affect any requirement for Planning Authorization for any work undertaken. Having Preparation Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if someone is preparing to do work on a pertinent structure, for the purposes of the Act ‘party wall’ does not simply indicate the wall between two semi-detached residential or commercial properties, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is used to separate the properties but is not part of any structure.
- Excavation near to a neighbouring home.
For details of how the Party Wall Act affects building work in general, have a look at this page.
Similar to all work impacting neighbours, it is constantly much better to reach a friendly agreement rather than resort to any law. Even where the work needs a notice to be served, it is better to informally discuss the desired work, think about the neighbours remarks, and amend your plans (if suitable) prior to serving the notice.
What garden work needs a notification and authorization.
The basic concept of the Party Wall Act is that all work which might have an impact upon the structural strength or support function of the party wall or might cause damage to the neighbouring side of the wall should be informed. Advice should be looked for from a local Building Control Workplace or expert surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act include:
- To destroy and/or rebuild/build a party boundary wall.
- To increase the height or thickness of a party border wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the foundations of the neighbouring building.
- Excavations within 6 metres of a neighbouring structure where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
Boundary walls
If the planned work on a limit wall falls under the Party Wall Act, a notice needs to be issued to all affected neighbouring celebrations. The notice needs to 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 property.
- A full description of the proposed work (this will typically be simply a single sentence describing the work).
- The proposed start date for the work.
- A clear declaration that the notice is being served under The Party Wall etc Act 1996.
- The date the notice is being served.
- If the work involves excavations, a drawing revealing the depth, position etc
If the prepared work is a brand-new boundary wall approximately or astride the boundary line the process of serving a notice under the Party Wall Act is as follows:.
- The person planning to perform the work must serve a composed notice a minimum of one months prior to the designated start of the work to every neighbouring party providing details of the work to be performed.
- Each neighbouring party ought to respond in writing offering permission or signing up dissent – if a neighbouring party does nothing within 14 days of getting the notification, the effect is to put the notice into conflict. No official contract is needed for a wall up to the boundary line, the neighbour simply needs not to object in writing.
- No work may begin on a wall astride the boundary line until all neighbouring parties have concurred in writing to the notification (or a modified notification).
See listed below concerning what takes place 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 notice needs to be served a minimum of one month before the prepared start day of the work. Neighbouring celebrations should offer written arrangement within 2 week or a dispute is deemed to have occurred.
See listed below concerning what takes place in case of a dispute/objection.
What happens if a dispute arises.
If agreement can not be reached between neighbouring parties, the process is as follows:.
- A Surveyor or Surveyors is/are appointed to identify a reasonable and objective Award, either:.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all celebrations).
or. - Each party appoints their own Surveyor to represent the private parties.
The person who is performing 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 viewpoint of the Surveyor. It should be noted that any Property surveyor needs to act within their statutory responsibilities and propose a fair and objective Award.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all celebrations).
- The Agreed Property surveyor, or the individual Surveyors jointly, will produce an Award which should be fair and neutral to all celebrations.
- When an Award has actually been made, all celebrations have 2 week to attract a County Court against the Award.
As soon as you have contract.
When you have arrangement, all work must comply with the notification. All the arrangements must be maintained to ensure that a record of the granted permission is kept; a subsequent buyer of the property might wish to establish that the work was carried out in accordance with the Party Wall Act requirements.
Remember:
- We’ve only offered a brief outline of the Party Wall Act here as it impacts garden work however take a look at the Neighborhoods and City government site for a more comprehensive explanatory booklet consisting of example letters for notices and actions.
- Discussing intended work with neighbours is free and can avoid misunderstanding which may occur if a notification arrives suddenly.
- Your regional Building Control Office might have the ability to offer totally free suggestions relating to the Party Wall Act and how it applies to specific circumstances.
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