- Preparing and serving valid Party Wall Notices
- Acting as the Building Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and negotiation of Party Wall Awards
All our Party Wall Surveyors are professionals and operate in accordance with the regulations set down by the Faculty of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to abide by this legislation might lead to works being illegal.
Party Wall (WikiPedia)
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, nevertheless it does impact the construction of border walls even if not part of structures and can likewise applies to deep excavations.
The Party Wall Act 1996 entered force in 1997, so it is now law and provides you rights and obligations 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 Preparation Permission for any work undertaken. Similarly, having Planning Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if somebody is planning to do work on a relevant structure, for the functions of the Act ‘party wall’ does not simply imply the wall between 2 semi-detached homes, as far as garden enthusiasts are concerned 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 building.
- Excavation close to a neighbouring property.
For details of how the Party Wall Act affects building work in general, have a look at this page.
As with all work impacting neighbours, it is constantly much better to reach a friendly arrangement rather than turn to any law. Even where the work needs a notification to be served, it is better to informally discuss the designated work, consider the neighbours remarks, and change your strategies (if suitable) prior to serving the notice.
What garden work requires a notification and permission.
The basic concept of the Party Wall Act is that all work which may have an impact upon the structural strength or assistance function of the party wall or may cause damage to the neighbouring side of the wall must be informed. Suggestions needs to be looked for from a local Structure Control Office or expert surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or demolish boundary wall.
- To increase the height or thickness of a party limit wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go listed 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 structures of the neighbouring building.
If the planned deal with a boundary wall falls under the Party Wall Act, a notification needs to be issued to all affected neighbouring parties. The notification needs to include (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the residential or commercial property undertaking the work.
- The address of the home.
- A complete 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 includes excavations, a drawing showing the depth, position and so on
If the planned work is a new border wall up to or astride the boundary line the procedure of serving a notification under the Party Wall Act is as follows:.
- The person planning to carry out the work must serve a written notification 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 ought to react in composing giving consent or signing up dissent – if a neighbouring party does nothing within 2 week of getting the notification, the impact is to put the notice into dispute. However no formal arrangement is needed for a wall up to the border line, the neighbour just needs not to object in writing.
- No work might start on a wall astride the border line till all neighbouring parties have concurred in writing to the notice (or a revised notification).
See below concerning what occurs in the event of a dispute/objection.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served a minimum of one month before the prepared start day of the work. Neighbouring parties must provide written contract within 2 week or a dispute is deemed to have actually happened.
See listed below regarding what takes place in the event of a dispute/objection.
If a conflict occurs, what takes place.
If contract can not be reached in between neighbouring celebrations, the procedure is as follows:.
- A Surveyor or Surveyors is/are appointed to figure out a objective and reasonable Award, either:.
- A single ‘Concurred Surveyor’ (somebody acceptable to all parties).
- Each party designates their own Surveyor to represent the specific parties.
The individual who is performing the work will usually 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. It ought to be noted that any Property surveyor needs to act within their statutory responsibilities and propose a reasonable and neutral Award.
- A single ‘Concurred Surveyor’ (somebody acceptable to all parties).
- The Agreed Surveyor, or the private Surveyors jointly, will produce an Award which must be unbiased and reasonable to all celebrations.
- Once an Award has been made, all celebrations have 14 days to appeal to a County Court versus the Award.
When you have agreement.
When you have arrangement, all work must abide by the notice. All the contracts need to be retained to make sure that a record of the granted permission is kept; a subsequent buyer of the property may want to establish that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve just offered a brief summary of the Party Wall Act here as it impacts garden work however have a look at the Neighborhoods and Local Government website for a more detailed explanatory pamphlet consisting of example letters for actions and notices.
- Talking about desired work with neighbours is complimentary and can prevent misunderstanding which may arise if a notice arrives all of a sudden.
- Your regional Building Control Workplace might have the ability to offer totally free suggestions relating to the Party Wall Act and how it applies to specific circumstances.
Around the Web