We are Party Wall Surveyors specialising in party wall problems in UK. We have more than twenty five years experience of working in UK, acting for professionals, services, as well as for individuals.
Each brief is special, and our devoted group of party wall surveyors is experienced in dealing with all manner of problems relating to party walls. We are proud to provide a bespoke service to match the differing requirements of our customers.
This website is created to provide fundamental information in addition to offering you the chance to contact us directly with your requirements and issues, thus allowing our expert Party Wall Surveyors to recommend you accordingly.
The present legislation dealing with party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or foundations (consisting of stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors supplies a special specific niche service, which enables you to have the very best quality service at competitively priced fees.
To find out more contact one of our Faulkners Surveyors Party Wall property surveyors on 03300100262.
Party Wall (WikiPedia)
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 impact garden building, however it does impact the building of boundary 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 offers 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 boundary fences.
The Party Wall Act does not impact any requirement for Planning Permission for any work undertaken. Similarly, having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters impact if someone is preparing to do work on a pertinent structure, for the functions of the Act ‘party wall’ does not just indicate the wall in between 2 semi-detached residential or commercial properties, as far as gardeners are concerned it covers:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is used to separate the properties however is not part of any building.
- Excavation near to a neighbouring property.
For information of how the Party Wall Act impacts structure work in general, have a look at this page.
Similar to all work affecting neighbours, it is always much better to reach a friendly agreement instead of resort to any law. Even where the work requires a notification to be served, it is better to informally talk about the desired work, think about the neighbours remarks, and modify your strategies (if suitable) before serving the notice.
What garden work requires a notice and approval.
The basic concept of the Party Wall Act is that all work which might have an effect upon the structural strength or assistance function of the party wall or may trigger damage to the neighbouring side of the wall should be notified. If in doubt, guidance ought to be looked for from a local Structure Control Workplace or expert surveyor/architect.
Operate in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or destroy limit wall.
- To increase the height or density of a party boundary 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 structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring structure.
If the prepared work on a limit wall falls under the Party Wall Act, a notification should be issued to all affected neighbouring parties. The notice should consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the residential or commercial property carrying out the work.
- The address of the home.
- A complete description of the proposed work (this will usually be just a single sentence detailing 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 involves excavations, a drawing revealing the depth, position and so on
If the planned work is a new border wall approximately or astride the border line the process of serving a notification under the Party Wall Act is as follows:.
- The person intending to carry out the work should serve a written notice a minimum of one months before the designated start of the work to every neighbouring party offering details of the work to be carried out.
- Each neighbouring party needs to respond in composing providing authorization or signing up dissent – if a neighbouring party not does anything within 14 days of receiving the notice, the impact is to put the notification into disagreement. However no official contract is needed for a wall approximately the boundary line, the neighbour just requires not to object in composing.
- No work might commence on a wall astride the limit line up until all neighbouring parties have actually concurred in writing to the notification (or a revised notice).
See 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 parties must provide written agreement within 14 days or a conflict is considered to have actually taken place.
See below regarding what happens in the event of a dispute/objection.
If a disagreement arises, what happens.
If contract can not be reached between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are appointed to identify a reasonable and objective Award, either:.
- A single ‘Agreed Surveyor’ (somebody appropriate to all parties).
- Each party appoints their own Property surveyor to represent the individual celebrations.
The person who is carrying out the work will typically have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the viewpoint of the Property surveyor. Nevertheless it should be kept in mind that any Property surveyor must act within their statutory duties and propose a unbiased and fair Award.
- A single ‘Agreed Surveyor’ (somebody appropriate to all parties).
- The Agreed Property surveyor, or the specific Surveyors collectively, will produce an Award which must be reasonable and unbiased to all celebrations.
- As soon as an Award has actually been made, all parties have 2 week to interest a County Court versus the Award.
Once you have arrangement.
When you have arrangement, all work must abide by the notification. All the arrangements should be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the home may wish to develop that the work was carried out in accordance with the Party Wall Act requirements.
- We’ve only provided a short summary of the Party Wall Act here as it impacts garden work however take a look at the Communities and Local Government site for a more thorough explanatory pamphlet including example letters for notices and responses.
- If a notification shows up unexpectedly, talking about designated work with neighbours is totally free and can avoid misunderstanding which may develop.
- Your regional Building Control Office may have the ability to provide free recommendations regarding the Party Wall Act and how it applies to particular circumstances.
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