We are Party Wall Surveyors specialising in party wall issues in UK. We have over twenty 5 years experience of operating in UK, acting for experts, organizations, in addition to for individuals.
Each brief is unique, and our dedicated group of party wall surveyors is experienced in dealing with all manner of issues connecting to party walls. We are proud to use a bespoke service to match the differing requirements of our clients.
This site is designed to provide fundamental details as well as using you the opportunity to contact us directly with your issues and requirements, therefore enabling our expert Party Wall Surveyors to advise you accordingly.
The present legislation handling 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, adjacent excavations and/or structures (including piled structures).
Our group of Faulkners Surveyors Party Wall Surveyors offers an unique niche service, which allows you to have the best quality service at competitively priced charges.
To learn more contact among our Faulkners Surveyors Party Wall surveyors on 03300100262.
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 easy to believe that the 1996 Party Wall Act does not impact garden building, however it does affect the building of limit walls even if not part of buildings and can likewise applies to deep excavations.
The Party Wall Act 1996 entered into force in 1997, so it is now law and offers you rights and obligations whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on a pertinent 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 Consent for any work undertaken. Having Preparation Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into effect if someone is planning to do deal with an appropriate structure, for the purposes of the Act ‘party wall’ does not just indicate the wall between two semi-detached residential or commercial properties, 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 utilized to separate the homes however is not part of any structure.
- Excavation near to a neighbouring residential or commercial property.
For information of how the Party Wall Act affects building work in basic, have a look at this page.
Just like all work impacting neighbours, it is always better to reach a friendly contract instead of turn 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 plans (if appropriate) before serving the notice.
What garden work requires a notification and authorization.
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 might cause damage to the neighbouring side of the wall must be informed. If in doubt, recommendations should be sought from a regional Building 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 boundary wall.
- To increase the height or thickness of a party boundary wall.
- Excavations within 3 metres of a neighbouring building 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 foundations of the neighbouring structure.
If the planned deal with a limit wall falls under the Party Wall Act, a notice must be released to all affected neighbouring parties. The notice must 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 property.
- A complete description of the proposed work (this will normally be simply a single sentence detailing 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 notice is being served.
- If the work involves excavations, a drawing showing the depth, position etc
If the prepared work is a brand-new boundary wall up to or astride the border line the procedure of serving a notice under the Party Wall Act is as follows:.
- The individual meaning to perform the work should serve a written notice at least one months before the intended start of the work to every neighbouring party giving information of the work to be carried out.
- Each neighbouring party ought to respond in writing offering authorization or registering dissent – if a neighbouring party not does anything within 2 week of receiving the notification, the result is to put the notification into disagreement. No official arrangement is required for a wall up to the limit line, the neighbour just needs not to object in writing.
- No work may commence on a wall astride the limit line until all neighbouring parties have agreed in writing to the notice (or a modified notification).
See below concerning what takes place in case of a dispute/objection.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notification needs to be served a minimum of one month before the prepared start day of the work. Neighbouring celebrations must give written contract within 14 days or a conflict is considered to have occurred.
See below concerning what happens in case of a dispute/objection.
What happens if a conflict develops.
If agreement can not be reached between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are selected to figure out a fair and unbiased Award, either:.
- A single ‘Agreed Property surveyor’ (someone acceptable to all celebrations).
- Each party appoints their own Property surveyor to represent the private parties.
The individual who is performing the work will normally 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 Property surveyor. It must be kept in mind that any Surveyor must act within their statutory responsibilities and propose a fair and objective Award.
- A single ‘Agreed Property surveyor’ (someone acceptable to all celebrations).
- The Agreed Surveyor, or the specific Surveyors collectively, will produce an Award which must be reasonable and neutral to all celebrations.
- Once an Award has actually been made, all parties have 14 days to appeal to a County Court against the Award.
When you have arrangement.
All work should comply with the notification once you have contract. All the contracts need to be kept to ensure that a record of the granted permission is kept; a subsequent purchaser of the property might wish to develop that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually only provided a short overview of the Party Wall Act here as it impacts garden work but take a look at the Communities and Local Government website for a more comprehensive explanatory pamphlet including example letters for notices and responses.
- Talking about desired deal with neighbours is free and can prevent misconception which might arise if a notice shows up all of a sudden.
- Your regional Building Control Office might have the ability to offer totally free advice relating to the Party Wall Act and how it applies to particular circumstances.
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