Border Disputes: Frequent Concerns – Problem Neighbours – Faulkners Surveyors.

The Faulkners Surveyors is a specialist Chartered Structure Surveying Practice that runs throughout UK. The Faulkners Surveyors undertakes all aspects of the Party Wall etc. Act 1996 and offers the following services:

• Unbiased suggestions on all Party Wall Matters

• Pre-commencement appraisals

• Preparation and service of valid Party Wall Notices

• Acting as Party Wall Property Surveyor for either Adjoining Owners or Structure Owners

• Acting as the Agreed Party Wall Surveyor

• Undertaking Schedules of Condition surveys

• Preparation and settlement of Party Wall Awards (Arrangements).

Party Wall (WikiPedia)

The Party Wall Act 1996

as it effects the garden

At first sight, it is simple to think that the 1996 Party Wall Act does not impact garden building, nevertheless it does affect the building of limit walls even if not part of buildings 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 duties whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with a pertinent 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 Preparation Permission for any work undertaken. Likewise, having Preparation Approval does not negate the requirements under the Party Wall Act.

The Party Wall Act comes into impact if someone is preparing to do work on a relevant structure, for the purposes of the Act ‘party wall’ does not just suggest the wall between 2 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 used to separate the properties however is not part of any structure.
• Excavation close to a neighbouring residential or commercial property.

For information of how the Party Wall Act impacts building work in basic, have a look at this page.

As with all work affecting neighbours, it is always better to reach a friendly arrangement rather than turn to any law. Even where the work needs a notification to be served, it is much better to informally go over the intended work, think about the neighbours remarks, and amend your strategies (if suitable) prior to serving the notification.

What garden work requires a notification and consent.

The basic principle of the Party Wall Act is that all work which might have an effect upon the structural strength or support function of the party wall or may trigger damage to the neighbouring side of the wall should be notified. Suggestions must be looked for from a local Structure Control Workplace or professional surveyor/architect if in doubt.

Work in the garden covered by the Party Wall Act include:

• To destroy 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 listed below the bottom of the structures 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 structure.

Boundary walls

A notice should be released to all affected neighbouring celebrations if the prepared work on a boundary wall falls under the Party Wall Act. The notice should consist of (see sample letters in Part 5 of the Party Wall leaflet):.

• The owners of the home carrying out the work.
• The address of the home.
• A full description of the proposed work (this will typically be just a single sentence outlining 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 border wall as much as or astride the boundary line the procedure of serving a notification under the Party Wall Act is as follows:.

• The individual meaning to carry out the work should serve a composed notification at least one months prior to the intended start of the work to every neighbouring party giving details of the work to be performed.
• Each neighbouring party needs to respond in writing offering authorization or registering dissent – if a neighbouring party not does anything within 14 days of getting the notice, the impact is to put the notification into conflict. Nevertheless no official contract is required for a wall as much as the border line, the neighbour simply needs not to object in writing.
• No work may commence on a wall astride the limit line till all neighbouring parties have actually concurred in writing to the notice (or a modified notice).

See listed below concerning what occurs 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 requires to be served at least one month prior to the prepared start day of the work. Neighbouring celebrations must give written arrangement within 14 days or a dispute is deemed to have actually taken place.

See below concerning what happens in case of a dispute/objection.

What occurs if a disagreement occurs.

If agreement can not be reached in between neighbouring celebrations, the procedure is as follows:.

• A Surveyor or Surveyors is/are designated to figure out a neutral and fair Award, either:.
  • A single ‘Concurred Surveyor’ (somebody acceptable to all celebrations).
    or.
  • Each party appoints their own Property surveyor to represent the individual celebrations.
    The individual who is carrying out the work will generally have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the opinion of the Surveyor. It ought to be kept in mind that any Property surveyor must act within their statutory duties and propose a neutral and fair Award.
• The Agreed Surveyor, or the individual Surveyors collectively, will produce an Award which must be impartial and reasonable to all celebrations.
• As soon as an Award has been made, all celebrations have 14 days to interest a County Court versus the Award.

Once you have agreement.

All work should comply with the notification as soon as you have arrangement. All the agreements must be retained to guarantee that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property might wish to establish that the work was performed in accordance with the Party Wall Act requirements.

Remember:

• We have actually just given a brief summary of the Party Wall Act here as it impacts garden work however take a look at the Communities and City government site for a more extensive explanatory pamphlet including example letters for notices and responses.
• Going over designated deal with neighbours is free and can avoid misunderstanding which might occur if a notice gets here suddenly.
• Your local Structure Control Office may have the ability to offer totally free advice regarding the Party Wall Act and how it applies to particular situations.

Related Articles

• Frequently asked questions: building and party walls
• Party Walls Boundary Walls Retaining Walls Building faces
• Can you build right approximately your boundary? – 2020.
• What is the space between 2 homes called? – Faulkners Surveyors.
• What occurs if my Neighbour ignores the Party Wall Act? – Faulkners Surveyors.
• Can a Neighbour object to allowed advancement?
• Which side of boundary am I responsible for? – 2020.
• What is the area between 2 houses called? – Faulkners Surveyors.

Around the Web

• Communities and Local Government website

• Party walls and building work