- Preparing and serving legitimate Party Wall Notices
- Acting as the Structure Owners Party Wall Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are professionals and operate in accordance with the guidelines set down by the Professors of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to abide by this legislation may lead to works being illegal.
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 impacts the garden
At first sight, it is simple to think that the 1996 Party Wall Act does not affect garden building, nevertheless it does affect the building and construction of limit walls even if not part of buildings and can likewise applies to deep excavations.
The Party Wall Act 1996 entered into 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 a relevant structure or if your neighbour is.
The Party Wall Act does not apply to border fences.
The Party Wall Act does not affect any requirement for Planning Authorization for any work undertaken. Having Planning Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into impact if somebody is planning to do deal with a relevant structure, for the purposes of the Act ‘party wall’ does not simply mean the wall between two semi-detached homes, 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 used to separate the residential or commercial properties however is not part of any building.
- Excavation close to a neighbouring property.
For information of how the Party Wall Act affects building operate in basic, take a look at this page.
Just like all work affecting neighbours, it is constantly better to reach a friendly contract instead of resort to any law. Even where the work requires a notification to be served, it is much better to informally go over the designated work, consider the neighbours comments, and amend your strategies (if proper) prior to serving the notification.
What garden work needs a notification and consent.
The general concept of the Party Wall Act is that all work which may have an impact upon the structural strength or assistance function of the party wall or may cause damage to the neighbouring side of the wall must be informed. If in doubt, guidance ought to be sought from a local Building Control Workplace or professional surveyor/architect.
Operate in the garden covered by the Party Wall Act consist of:
- To destroy and/or rebuild/build a party boundary wall.
- To increase the height or thickness of a party limit 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 building where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring building.
If the planned work on a limit wall falls under the Party Wall Act, a notification should be provided to all impacted neighbouring parties. The notice needs to include (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the property carrying out the work.
- The address of the residential or commercial property.
- A full description of the proposed work (this will generally be simply 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 boundary wall approximately or astride the border line the process of serving a notification under the Party Wall Act is as follows:.
- The person meaning to carry out the work should serve a written notice a minimum of one months before the desired start of the work to every neighbouring party offering information of the work to be performed.
- Each neighbouring party must respond in composing providing permission or registering dissent – if a neighbouring party does nothing within 2 week of getting the notice, the impact is to put the notice into conflict. Nevertheless no formal contract is required for a wall as much as the border line, the neighbour simply requires not to object in composing.
- No work may commence on a wall astride the boundary line till all neighbouring celebrations have actually agreed in writing to the notification (or a revised notification).
See below concerning what occurs 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 requires to be served at least one month prior to the prepared start day of the work. Neighbouring celebrations need to provide written agreement within 14 days or a disagreement is considered to have occurred.
See below regarding what happens in the event of a dispute/objection.
What happens if a dispute occurs.
If arrangement can not be reached in between neighbouring parties, the process is as follows:.
- A Surveyor or Surveyors is/are appointed to determine a impartial and fair Award, either:.
- A single ‘Concurred Surveyor’ (somebody appropriate to all parties).
- Each party appoints their own Property surveyor to represent the private celebrations.
The individual who is performing 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 viewpoint of the Property surveyor. It must be noted that any Surveyor needs to act within their statutory obligations and propose a unbiased and reasonable Award.
- A single ‘Concurred Surveyor’ (somebody appropriate to all parties).
- The Agreed Property surveyor, or the specific Surveyors jointly, will produce an Award which needs to be fair and impartial to all celebrations.
- As soon as an Award has actually been made, all celebrations have 14 days to attract a County Court versus the Award.
As soon as you have agreement.
All work must comply with the notice as soon as you have arrangement. All the contracts must be kept to ensure that a record of the granted permission is kept; a subsequent purchaser of the property might want to establish that the work was performed in accordance with the Party Wall Act requirements.
- We’ve only offered a short overview of the Party Wall Act here as it impacts garden work however have a look at the Communities and Local Government site for a more extensive explanatory brochure consisting of example letters for reactions and notifications.
- If a notice shows up suddenly, going over desired work with neighbours is totally free and can prevent misunderstanding which may occur.
- Your regional Structure Control Office may have the ability to give totally free recommendations regarding the Party Wall Act and how it applies to specific scenarios.
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