Faulkners Surveyors As qualified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element required to encourage upon and resolve Party Wall issues, such as:

  • Preparing and serving legitimate Party Wall Notices
  • Acting as the Building Owners Party Wall Surveyor
  • Acting as the Adjoining Owners Party Wall Property Surveyor
  • Acting as the Agreed Party Wall Property Surveyor
  • Undertaking and preparing Schedules of Condition
  • Preparation and negotiation of Party Wall Awards

All our Party Wall Surveyors are professionals and operate in accordance with the policies set down by the Professors of Party Wall Surveyors.

The Party Wall Act and so on 1996 is law, failure to adhere to 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.

party wall

The Party Wall Act 1996

as it impacts the garden

At first sight, it is easy to think that the 1996 Party Wall Act does not affect garden building, nevertheless it does affect the construction of border walls even if not part of structures and can likewise applies to deep excavations.

The Party Wall Act 1996 entered into force in 1997, so it is now law and provides 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 border fences.

The Party Wall Act does not impact any requirement for Preparation Authorization for any work carried out. Having Preparation Permission does not negate the requirements under the Party Wall Act.

The Party Wall Act comes into result if someone is planning to do work on a relevant structure, for the functions of the Act ‘party wall’ does not simply mean the wall in between 2 semi-detached homes, as far as gardeners are concerned it covers:

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

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

What garden work needs a notice and approval.

The general principle of the Party Wall Act is that all work which may 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 informed. If in doubt, recommendations should be looked for from a regional Structure Control Office or professional surveyor/architect.

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

Boundary walls

If the prepared deal with a border wall falls under the Party Wall Act, a notice should be provided to all affected neighbouring celebrations. The notice should consist of (see sample letters in Part 5 of the Party Wall leaflet):.

If the prepared work is a new limit wall up to or astride the border line the process of serving a notice under the Party Wall Act is as follows:.

See below regarding what takes place in case of a dispute/objection.

Excavations.

If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notification needs to be served at least one month before the prepared start day of the work. Neighbouring celebrations must offer written agreement within 14 days or a disagreement is deemed to have actually taken place.

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

If a dispute arises, what occurs.

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

When you have arrangement.

All work needs to comply with the notification as soon as you have agreement. All the contracts should be maintained to ensure that a record of the granted permission is kept; a subsequent purchaser of the property might wish to establish that the work was carried out in accordance with the Party Wall Act requirements.

Remember:

Related Articles

Around the Web