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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 impacts the garden

At first sight, it is easy to believe that the 1996 Party Wall Act does not impact garden construction, however it does impact 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 an appropriate structure or if your neighbour is.

The Party Wall Act does not apply to border fences.

The Party Wall Act does not affect any requirement for Planning Authorization for any work undertaken. Having Planning Consent does not negate the requirements under the Party Wall Act.

The Party Wall Act enters into effect if someone is planning to do work on an appropriate structure, for the purposes of the Act ‘party wall’ does not simply mean the wall between 2 semi-detached homes, as far as gardeners are worried it covers:

For information of how the Party Wall Act affects building operate in general, have a look at this page.

Similar to all work affecting neighbours, it is always better to reach a friendly arrangement rather than resort to any law. Even where the work requires a notice to be served, it is better to informally talk about the desired work, consider the neighbours comments, and amend your strategies (if suitable) prior to serving the notice.

What garden work requires a notice and approval.

The general principle of the Party Wall Act is that all work which may have an effect upon the structural strength or assistance function of the party wall or may cause damage to the neighbouring side of the wall must be notified. Guidance must be looked for from a regional Structure Control Workplace or professional surveyor/architect if in doubt.

Work in the garden covered by the Party Wall Act consist of:

Boundary walls

If the prepared work on a limit wall falls under the Party Wall Act, a notification must be provided to all impacted neighbouring celebrations. The notice must consist of (see sample letters in Part 5 of the Party Wall leaflet):.

If the planned work is a new limit wall as much as or astride the boundary line the process of serving a notification under the Party Wall Act is as follows:.

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

Excavations.

If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notification requires to be served at least one month prior to the prepared start day of the work. Neighbouring celebrations should provide written contract within 2 week or a disagreement is deemed to have happened.

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

What occurs if a dispute develops.

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

When you have contract.

All work should comply with the notification once you have agreement. All the arrangements should be maintained to guarantee that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property may wish to develop that the work was carried out in accordance with the Party Wall Act requirements.

Keep in mind:

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