The Faulkners Surveyors is a specialist Chartered Building Surveying Practice that runs throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall etc. Act 1996 and provides the following services:

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 simple to think that the 1996 Party Wall Act does not impact garden construction, nevertheless it does impact the construction of boundary walls even if not part of buildings and can also applies to deep excavations.

The Party Wall Act 1996 entered force in 1997, so it is now law and gives 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 impact any requirement for Preparation Permission for any work undertaken. Having Preparation Consent does not negate the requirements under the Party Wall Act.

The Party Wall Act enters into effect if someone is preparing to do deal with a pertinent structure, for the purposes of the Act ‘party wall’ does not just suggest the wall in between two semi-detached homes, as far as garden enthusiasts are concerned it covers:

For details of how the Party Wall Act impacts building work in general, take a look at this page.

Just like all work affecting neighbours, it is constantly much better to reach a friendly contract rather than resort to any law. Even where the work needs a notification to be served, it is much better to informally talk about the desired work, think about the neighbours comments, and change your strategies (if suitable) prior to serving the notice.

What garden work needs a notice and approval.

The basic principle of the Party Wall Act is that all work which might have a result upon the structural strength or assistance function of the party wall or might trigger damage to the neighbouring side of the wall should be notified. Guidance must be looked for from a local Building Control Office or expert 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 boundary wall falls under the Party Wall Act, a notification must be provided to all affected neighbouring parties. The notice should include (see sample letters in Part 5 of the Party Wall brochure):.

If the prepared work is a brand-new border wall up to or astride the boundary line the process of serving a notification under the Party Wall Act is as follows:.

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

Excavations.

If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notification needs to be served at least one month prior to the prepared start day of the work. Neighbouring parties need to give written contract within 14 days or a dispute is deemed to have taken place.

See below concerning what takes place in the event of a dispute/objection.

If a disagreement develops, what occurs.

If arrangement can not be reached between neighbouring celebrations, the procedure is as follows:.

Once you have agreement.

When you have arrangement, all work must abide by the notification. All the contracts should be retained to make sure that a record of the granted permission is kept; a subsequent buyer of the property might want to establish that the work was performed in accordance with the Party Wall Act requirements.

Remember:

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