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Whether you’re a Structure Owner preparing a new task or a neighbour who has actually been served a Party Wall Notice our knowledge and experience ensures we are constantly best prepared to assist with your Party Wall requirements.
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Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall surface, additionally called usual wall surface or as a demising wall) is a splitting dividers in between 2 adjoining structures that is shared by the owners of each house or organization. Typically, the home builder lays the wall surface along a residential property line separating 2 terraced homes, so that one half of the wall’s density lies on each side. This sort of wall surface is normally architectural. Celebration wall surfaces can likewise be created by 2 abutting wall surfaces constructed at various times. The term can be additionally used to describe a department between separate devices within a multi-unit apartment building. Extremely typically the wall in this situation is non-structural but designed to meet established standards for noise and/or fire security, i.e. a firewall program.
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, nevertheless it does affect the construction of border walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 entered 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 relevant structure or if your neighbour is.
The Party Wall Act does not apply to boundary fences.
The Party Wall Act does not impact any requirement for Planning Authorization for any work carried out. Likewise, having Preparation Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into effect if someone is planning to do work on an appropriate structure, for the functions of the Act ‘party wall’ does not just suggest the wall in between two semi-detached properties, as far as garden enthusiasts 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 near to a neighbouring residential or commercial property.
For information of how the Party Wall Act impacts structure operate in general, take a look at this page.
Just like all work affecting neighbours, it is constantly better to reach a friendly arrangement rather than resort to any law. Even where the work needs a notice to be served, it is much better to informally discuss the intended work, think about the neighbours remarks, and modify your plans (if appropriate) before serving the notification.
What garden work needs a notification and permission.
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 cause damage to the neighbouring side of the wall need to be informed. If in doubt, advice ought to be sought from a regional Building Control Workplace or professional surveyor/architect.
Operate in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or destroy boundary wall.
- To increase the height or density 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 structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring structure.
If the planned work on a limit wall falls under the Party Wall Act, a notice must be provided to all impacted neighbouring parties. The notification must include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the home carrying out the work.
- The address of the residential or commercial property.
- A full description of the proposed work (this will normally be just a single sentence laying out the work).
- The proposed start date for the work.
- A clear statement that the notification is being served under The Party Wall etc Act 1996.
- The date the notice is being served.
- If the work involves excavations, a drawing showing the depth, position etc
If the planned work is a new limit wall approximately or astride the border line the process of serving a notice under the Party Wall Act is as follows:.
- The individual meaning to carry out the work should serve a written notification at least one months prior to the desired start of the work to every neighbouring party providing information of the work to be carried out.
- Each neighbouring party needs to respond in writing providing permission or registering dissent – if a neighbouring party not does anything within 2 week of getting the notice, the effect is to put the notice into dispute. No official arrangement is required for a wall up to the border line, the neighbour simply needs not to object in composing.
- No work may start on a wall astride the boundary line up until all neighbouring parties have concurred in writing to the notice (or a revised notification).
See below concerning what occurs in the event of a dispute/objection.
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 prior to the prepared start day of the work. Neighbouring celebrations need to give written contract within 14 days or a disagreement is considered to have taken place.
See below regarding what takes place in the event of a dispute/objection.
What takes place if a disagreement arises.
If agreement can not be reached between neighbouring celebrations, the procedure is as follows:.
- A Surveyor or Surveyors is/are appointed to figure out a neutral and reasonable Award, either:.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all parties).
- Each party selects their own Surveyor to represent the individual celebrations.
The person who is performing the work will typically have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the viewpoint of the Property surveyor. It ought to be kept in mind that any Property surveyor needs to act within their statutory responsibilities and propose a reasonable and impartial Award.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all parties).
- The Agreed Property surveyor, or the private Surveyors collectively, will produce an Award which needs to be reasonable and objective to all celebrations.
- When an Award has been made, all celebrations have 2 week to interest a County Court versus the Award.
When you have agreement.
Once you have agreement, all work must adhere to the notice. All the contracts must be kept to guarantee that a record of the granted permission is kept; a subsequent buyer of the home may want to develop that the work was performed in accordance with the Party Wall Act requirements.
- We have actually just given a brief overview of the Party Wall Act here as it affects garden work but take a look at the Neighborhoods and Local Government site for a more extensive explanatory brochure consisting of example letters for notifications and actions.
- If a notice gets here unexpectedly, going over intended work with neighbours is complimentary and can prevent misconception which might occur.
- Your local Building Control Workplace may be able to give totally free recommendations regarding the Party Wall Act and how it applies to specific situations.
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