The Faulkners Surveyors is a professional Chartered Structure Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all aspects of the Party Wall and so on. Act 1996 and supplies the following services:
Neutral advice on all Party Wall Matters
Pre-commencement appraisals
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Surveyor for either Adjacent Owners or Structure Owners
Acting as the Agreed Party Wall Surveyor
Undertaking Schedules of Condition surveys
Preparation and negotiation of Party Wall Awards (Contracts).
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, however 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 entered into force in 1997, so it is now law and provides you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on an appropriate structure or if your neighbour is.
The Party Wall Act does not apply to limit fences.
The Party Wall Act does not affect any requirement for Planning Consent for any work undertaken. Similarly, having Preparation Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into effect if somebody is preparing to do work on a relevant structure, for the purposes of the Act ‘party wall’ does not just mean the wall in between 2 semi-detached homes, as far as gardeners are concerned it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is utilized to separate the residential or commercial properties however is not part of any building.
- Excavation near to a neighbouring property.
For details of how the Party Wall Act impacts structure operate in basic, take a look at this page.
Similar to all work impacting neighbours, it is constantly much better to reach a friendly arrangement rather than resort to any law. Even where the work requires a notice to be served, it is much better to informally go over the desired work, think about the neighbours remarks, and change your plans (if proper) prior to serving the notification.
What garden work requires a notification and consent.
The basic concept of the Party Wall Act is that all work which might 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 alerted. Recommendations needs to 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 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 listed below the bottom of the structures of the neighbouring structure.
- Excavations within 6 metres of a neighbouring structure where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring building.
Boundary walls
A notification must be provided to all affected neighbouring parties if the planned work on a boundary wall falls under the Party Wall Act. The notification should include (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 normally be just a single sentence describing 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 includes excavations, a drawing revealing the depth, position etc
If the prepared work is a brand-new boundary wall approximately or astride the limit line the procedure of serving a notice under the Party Wall Act is as follows:.
- The individual planning to carry out the work must serve a composed notification at least one months prior to the intended start of the work to every neighbouring party offering information of the work to be performed.
- Each neighbouring party must respond in composing giving permission or signing up dissent – if a neighbouring party not does anything within 14 days of receiving the notification, the impact is to put the notification into dispute. However no official agreement is required for a wall as much as the border line, the neighbour simply requires not to object in writing.
- No work might start on a wall astride the boundary line up until all neighbouring parties have actually agreed in writing to the notification (or a modified notice).
See listed below regarding what occurs in case of a dispute/objection.
Excavations.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notification needs to be served at least one month before the planned start day of the work. Neighbouring parties should give written contract within 2 week or a dispute is considered to have actually occurred.
See listed below concerning what happens in the event of a dispute/objection.
If a disagreement occurs, what occurs.
If arrangement can not be reached in between neighbouring parties, the procedure is as follows:.
- A Property surveyor or Surveyors is/are designated to figure out a reasonable and neutral Award, either:.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
or. - Each party designates their own Property surveyor to represent the individual parties.
The individual who is carrying out the work will usually need to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the opinion of the Surveyor. It must be noted that any Surveyor should act within their statutory obligations and propose a fair and impartial Award.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- The Agreed Surveyor, or the individual Surveyors jointly, will produce an Award which needs to be impartial and fair to all parties.
- When an Award has actually been made, all celebrations have 2 week to appeal to a County Court versus the Award.
When you have arrangement.
All work needs to comply with the notice when you have contract. All the arrangements must be maintained to ensure that a record of the granted permission is kept; a subsequent purchaser of the property might want to establish that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just offered a short outline of the Party Wall Act here as it impacts garden work but have a look at the Communities and City government site for a more thorough explanatory pamphlet including example letters for reactions and notices.
- Discussing desired deal with neighbours is free and can prevent misunderstanding which may arise if a notice gets here all of a sudden.
- Your regional Structure Control Workplace may be able to provide complimentary recommendations regarding the Party Wall Act and how it applies to particular circumstances.
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