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Party Wall (WikiPedia)
A party wall (periodically parti-wall or parting wall, additionally understood as usual wall or as a demising wall) is a dividing partition between 2 adjacent structures that is shared by the passengers of each home or business. Typically, the contractor lays the wall along a residential or commercial property line dividing 2 terraced houses, so that one half of the wall surface’s density pushes each side. This sort of wall is typically architectural. Event wall surfaces can likewise be formed by 2 abutting wall surfaces developed at various times. The term can be also used to explain a department between different devices within a multi-unit apartment building. Really often the wall surface in this instance is non-structural yet made to fulfill well established criteria for audio and/or fire security, i.e. a firewall.
The Party Wall Act 1996
as it effects the garden
At first sight, it is simple to think that the 1996 Party Wall Act does not impact garden construction, nevertheless it does affect the building of limit walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 came 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 deal with a pertinent 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 Preparation Permission for any work undertaken. Having Planning Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if someone is planning to do deal with a pertinent structure, for the purposes of the Act ‘party wall’ does not just imply the wall between 2 semi-detached properties, as far as gardeners 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 structure.
- Excavation close to a neighbouring property.
For information of how the Party Wall Act impacts building work in general, take a look at this page.
As with all work impacting neighbours, it is always better to reach a friendly agreement rather than turn to any law. Even where the work requires a notification to be served, it is better to informally talk about the desired work, consider the neighbours remarks, and change your strategies (if suitable) prior to serving the notice.
What garden work needs a notice and approval.
The general concept 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 might trigger damage to the neighbouring side of the wall should be informed. Recommendations needs to be sought from a local Structure Control Office or expert surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act consist of:
- To destroy and/or rebuild/build a party 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 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 foundations of the neighbouring structure.
Boundary walls
A notice needs to be provided to all impacted neighbouring parties if the prepared work on a limit 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 carrying out the work.
- The address of the residential or commercial property.
- A full 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 statement that the notification is being served under The Party Wall etc Act 1996.
- The date the notification 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 up to or astride the boundary line the process of serving a notification under the Party Wall Act is as follows:.
- The person intending to perform the work should serve a written notice at least one months prior to the desired start of the work to every neighbouring party providing details of the work to be carried out.
- Each neighbouring party should react in composing providing permission or registering dissent – if a neighbouring party not does anything within 2 week of receiving the notification, the effect is to put the notification into disagreement. However no official agreement is needed for a wall as much as the border line, the neighbour simply needs not to object in writing.
- No work may commence on a wall astride the boundary line until all neighbouring celebrations have concurred in writing to the notice (or a revised notice).
See below concerning what happens in the event of a dispute/objection.
Excavations.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served at least one month prior to the planned start day of the work. Neighbouring parties must provide written agreement within 14 days or a dispute is considered to have occurred.
See listed below concerning what occurs in case of a dispute/objection.
What happens if a conflict develops.
If contract can not be reached between neighbouring celebrations, the procedure is as follows:.
- A Surveyor or Surveyors is/are appointed to identify a reasonable and objective Award, either:.
- A single ‘Concurred Property surveyor’ (somebody acceptable to all celebrations).
or. - Each party designates their own Surveyor to represent the private celebrations.
The person who is performing the work will typically need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the opinion of the Surveyor. It needs to be noted that any Property surveyor needs to act within their statutory obligations and propose a reasonable and neutral Award.
- A single ‘Concurred Property surveyor’ (somebody acceptable to all celebrations).
- The Agreed Surveyor, or the individual Surveyors collectively, will produce an Award which needs to be fair and neutral to all parties.
- When an Award has actually been made, all parties have 14 days to attract a County Court against the Award.
As soon as you have agreement.
When you have contract, all work needs to comply with the notice. All the arrangements must be maintained to make sure that a record of the granted permission is kept; a subsequent buyer of the home might wish to develop that the work was performed in accordance with the Party Wall Act requirements.
Remember:
- We have actually only provided a brief summary of the Party Wall Act here as it impacts garden work but have a look at the Neighborhoods and City government site for a more detailed explanatory booklet consisting of example letters for responses and notices.
- Talking about desired deal with neighbours is free and can prevent misconception which may emerge if a notification gets here suddenly.
- Your regional Structure Control Office may be able to offer totally free suggestions regarding the Party Wall Act and how it applies to specific situations.
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