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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.
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:
- 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 however is not part of any structure.
- Excavation close to a neighbouring home.
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:
- To destroy and/or rebuild/build a party limit wall.
- To increase the height or thickness of a party border wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go below the bottom of the foundations 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.
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):.
- The owners of the property carrying out the work.
- The address of the home.
- A complete description of the proposed work (this will generally be just a single sentence detailing the work).
- The proposed start date for the work.
- A clear statement 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 and so on
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:.
- The individual planning to perform the work must serve a written notification a minimum of one months before the intended start of the work to every neighbouring party offering information of the work to be performed.
- Each neighbouring party needs to react in composing providing consent or registering dissent – if a neighbouring party does nothing within 2 week of getting the notification, the result is to put the notice into conflict. Nevertheless no official agreement is required for a wall as much as the boundary line, the neighbour just requires not to object in writing.
- No work may start on a wall astride the border line until all neighbouring parties have actually agreed in writing to the notification (or a revised notification).
See listed below concerning what occurs in case of a dispute/objection.
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:.
- A Surveyor or Surveyors is/are appointed to identify a reasonable and neutral Award, either:.
- A single ‘Agreed Surveyor’ (somebody acceptable to all parties).
- Each party appoints their own Property surveyor to represent the individual parties.
The individual who is carrying out the work will normally need to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the opinion of the Surveyor. However it ought to be noted that any Surveyor must act within their statutory obligations and propose a reasonable and objective Award.
- A single ‘Agreed Surveyor’ (somebody acceptable to all parties).
- The Agreed Surveyor, or the specific Surveyors collectively, will produce an Award which needs to be objective and fair to all celebrations.
- As soon as an Award has actually been made, all celebrations have 14 days to interest a County Court against the Award.
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:
- We have actually just provided a short overview of the Party Wall Act here as it impacts garden work however take a look at the Communities and Local Government website for a more detailed explanatory booklet consisting of example letters for actions and notifications.
- Discussing intended work with neighbours is free and can prevent misunderstanding which might arise if a notification gets here unexpectedly.
- Your regional Building Control Office may have the ability to provide free recommendations concerning the Party Wall Act and how it applies to specific circumstances.
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