Faulkners Surveyors is an independent company of structure property surveyors that specialise in the
Party Wall etc. Act 1996 acting for Structure Owners, Adjoining Owners and as the Agreed Surveyor throughout London and the House Counties.
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 effects the garden
At first sight, it is simple to believe that the 1996 Party Wall Act does not affect garden construction, however it does impact the 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 provides you rights and responsibilities 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 limit fences.
The Party Wall Act does not impact any requirement for Preparation Authorization for any work carried out. Similarly, having Planning Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters result if someone is preparing to do work on an appropriate structure, for the functions of the Act ‘party wall’ does not just indicate the wall in between two 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 utilized to separate the residential or commercial properties but is not part of any building.
- Excavation close to a neighbouring residential or commercial property.
For details of how the Party Wall Act impacts structure work in general, take a look at this page.
As with all work impacting neighbours, it is constantly much better to reach a friendly arrangement rather than turn to any law. Even where the work requires a notice to be served, it is much better to informally go over the designated work, think about the neighbours remarks, and modify your plans (if suitable) before serving the notice.
What garden work needs a notification and approval.
The basic principle of the Party Wall Act is that all work which might have a result upon the structural strength or support function of the party wall or might cause damage to the neighbouring side of the wall must be alerted. Guidance needs to be looked for from a local Building Control Office or professional surveyor/architect if in doubt.
Work 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 thickness of a party border wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go listed below the bottom of the foundations of the neighbouring structure.
- Excavations within 6 metres of a neighbouring building where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
A notice should be issued to all affected neighbouring celebrations if the prepared work on a border wall falls under the Party Wall Act. The notice should consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the home undertaking the work.
- The address of the property.
- A complete description of the proposed work (this will usually be just a single sentence outlining the work).
- The proposed start date for the work.
- A clear declaration that the notification is being served under The Party Wall etc Act 1996.
- The date the notification is being served.
- If the work includes excavations, a drawing showing the depth, position etc
If the prepared work is a brand-new border wall as much as or astride the border line the procedure of serving a notice under the Party Wall Act is as follows:.
- The person intending to perform the work needs to serve a written notification a minimum of one months prior to the intended start of the work to every neighbouring party providing information of the work to be performed.
- Each neighbouring party should respond in composing providing authorization or signing up dissent – if a neighbouring party does nothing within 14 days of getting the notice, the effect is to put the notice into disagreement. However no formal agreement is needed for a wall approximately the boundary line, the neighbour simply needs not to object in composing.
- No work might start on a wall astride the boundary line until all neighbouring parties have actually concurred in writing to the notification (or a modified notification).
See listed below regarding what takes place in the event 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 offer written arrangement within 2 week or a disagreement is considered to have occurred.
See below regarding what takes place in the event of a dispute/objection.
If a conflict arises, what occurs.
If contract can not be reached in between neighbouring celebrations, the process is as follows:.
- A Property surveyor or Surveyors is/are designated to identify a unbiased and reasonable Award, either:.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- Each party appoints their own Property surveyor to represent the specific celebrations.
The individual who is carrying out the work will typically need to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the opinion of the Property surveyor. However it ought to be noted that any Property surveyor needs to act within their statutory responsibilities and propose a objective and fair Award.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- The Agreed Property surveyor, or the specific Surveyors jointly, will produce an Award which needs to be impartial and reasonable to all parties.
- As soon as an Award has actually been made, all parties have 14 days to interest a County Court against the Award.
Once you have arrangement.
All work needs to comply with the notification when you have contract. All the contracts ought to be retained to guarantee that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property may want to establish that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve just provided a brief overview of the Party Wall Act here as it affects garden work but have a look at the Communities and Local Government website for a more thorough explanatory pamphlet consisting of example letters for notifications and actions.
- If a notification shows up unexpectedly, going over intended work with neighbours is totally free and can prevent misconception which might occur.
- Your regional Structure Control Workplace may have the ability to give free advice relating to the Party Wall Act and how it applies to specific situations.
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