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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 effects the garden

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

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

The Party Wall Act does not impact any requirement for Preparation Consent for any work carried out. Similarly, having Planning Approval does not negate the requirements under the Party Wall Act.

The Party Wall Act enters impact if somebody is planning to do deal with an appropriate structure, for the functions of the Act ‘party wall’ does not just suggest the wall in between two semi-detached residential or commercial properties, as far as garden enthusiasts are worried it covers:

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

Similar to all work affecting neighbours, it is always much better to reach a friendly contract instead of turn to any law. Even where the work needs a notice to be served, it is much better to informally talk about the desired work, think about the neighbours remarks, and change your strategies (if appropriate) before serving the notification.

What garden work requires a notification and consent.

The basic concept of the Party Wall Act is that all work which may have a result upon the structural strength or support function of the party wall or may cause damage to the neighbouring side of the wall should be notified. Advice should be sought from a regional Building Control Workplace or professional surveyor/architect if in doubt.

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

Boundary walls

A notification must be provided to all affected neighbouring celebrations if the planned work on a border wall falls under the Party Wall Act. The notification needs to consist of (see sample letters in Part 5 of the Party Wall leaflet):.

If the planned work is a brand-new border wall approximately or astride the limit line the process of serving a notice under the Party Wall Act is as follows:.

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

Excavations.

If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notification requires to be served at least one month before the planned start day of the work. Neighbouring parties should offer written contract within 14 days or a disagreement is deemed to have actually occurred.

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

If a conflict emerges, what happens.

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

As soon as you have arrangement.

All work needs to comply with the notification once you have arrangement. All the contracts must be retained to ensure that a record of the granted permission is kept; a subsequent buyer of the residential or commercial property might want to establish that the work was performed in accordance with the Party Wall Act requirements.

Keep in mind:

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