Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element essential to encourage upon and resolve Party Wall problems, such as:
- Preparing and serving valid Party Wall Notices
- Acting as the Building Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Surveyor
- Acting as the Agreed Party Wall Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and negotiation of Party Wall Awards
All our Party Wall Surveyors are specialists and work in accordance with the policies set down by the Professors of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to adhere to this legislation might lead to works being unlawful.
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 impacts the garden
At first sight, it is simple to believe that the 1996 Party Wall Act does not impact garden construction, however it does affect the building and construction of border walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 entered 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 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 Preparation Consent for any work undertaken. Having Planning Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into effect if somebody is planning to do work on an appropriate structure, for the functions of the Act ‘party wall’ does not just mean the wall in between two semi-detached homes, as far as garden enthusiasts are worried 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 but is not part of any structure.
- Excavation close to a neighbouring residential or commercial property.
For information of how the Party Wall Act impacts structure operate in basic, have a look at this page.
As with all work affecting neighbours, it is constantly much better to reach a friendly contract rather than resort to any law. Even where the work requires a notification to be served, it is better to informally discuss the desired work, consider the neighbours comments, and modify your strategies (if suitable) before serving the notification.
What garden work requires a notice and approval.
The basic principle 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 trigger damage to the neighbouring side of the wall should be alerted. If in doubt, suggestions should be looked for from a regional Structure Control Workplace or expert surveyor/architect.
Work in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or destroy border wall.
- To increase the height or density of a party limit wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the structures of the neighbouring building.
- Excavations within 6 metres of a neighbouring building where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring structure.
If the planned work on a boundary wall falls under the Party Wall Act, a notification must be issued to all affected neighbouring parties. The notification needs to consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the home undertaking the work.
- The address of the home.
- A complete description of the proposed work (this will normally be simply a single sentence describing 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 notification is being served.
- If the work includes excavations, a drawing showing the depth, position etc
If the planned work is a brand-new border wall approximately or astride the boundary line the process of serving a notification under the Party Wall Act is as follows:.
- The individual meaning 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 providing information of the work to be performed.
- Each neighbouring party should react in writing providing consent or registering dissent – if a neighbouring party does nothing within 2 week of getting the notification, the effect is to put the notification into disagreement. However no official contract is required for a wall up to the limit line, the neighbour just needs not to object in composing.
- No work might start on a wall astride the boundary line till all neighbouring parties have agreed in writing to the notification (or a modified notification).
See listed below regarding what happens 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 notification requires to be served at least one month prior to the planned start day of the work. Neighbouring celebrations must provide written agreement within 2 week or a disagreement is deemed to have happened.
See listed below regarding what happens in case of a dispute/objection.
What takes place if a conflict arises.
If arrangement can not be reached between neighbouring parties, the procedure is as follows:.
- A Surveyor or Surveyors is/are appointed to figure out a reasonable and impartial Award, either:.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all parties).
- Each party appoints their own Surveyor to represent the specific celebrations.
The individual who is carrying out the work will generally have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the viewpoint of the Property surveyor. However it should be kept in mind that any Surveyor must act within their statutory obligations and propose a fair and objective Award.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all parties).
- The Agreed Property surveyor, or the specific Surveyors collectively, will produce an Award which should be impartial and fair to all celebrations.
- Once an Award has actually been made, all celebrations have 2 week to interest a County Court versus the Award.
When you have arrangement.
Once you have arrangement, all work needs to adhere to the notification. All the agreements ought to be maintained to make sure that a record of the granted permission is kept; a subsequent purchaser of the home may wish to develop that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually only provided a brief outline of the Party Wall Act here as it affects garden work but take a look at the Communities and City government site for a more thorough explanatory pamphlet including example letters for notifications and actions.
- If a notice shows up unexpectedly, talking about desired work with neighbours is free and can prevent misunderstanding which may occur.
- Your local Building Control Workplace might be able to provide free advice regarding the Party Wall Act and how it applies to particular circumstances.
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