Faulkners Surveyors is an independent firm of building property surveyors that specialise in the
Party Wall etc. Act 1996 acting for Building Owners, Adjoining Owners and as the Agreed Property Surveyor throughout London and the Home Counties.
Party Wall (WikiPedia)
The Party Wall Act 1996
as it effects the garden
At first sight, it is simple to believe that the 1996 Party Wall Act does not affect garden building and construction, nevertheless it does affect the building and construction of boundary walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and offers you rights and duties 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 border fences.
The Party Wall Act does not affect any requirement for Planning Authorization for any work carried out. Also, having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if somebody is preparing to do work on an appropriate structure, for the purposes of the Act ‘party wall’ does not just suggest the wall between two semi-detached properties, as far as garden enthusiasts are worried it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is utilized to separate the properties but is not part of any structure.
- Excavation close to a neighbouring property.
For details of how the Party Wall Act impacts structure work in basic, have a look at this page.
Just like all work affecting neighbours, it is constantly much better to reach a friendly arrangement instead of resort to any law. Even where the work needs a notice to be served, it is better to informally go over the designated work, consider the neighbours comments, and modify your plans (if appropriate) before serving the notice.
What garden work needs a notice and consent.
The basic concept 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 cause damage to the neighbouring side of the wall must be notified. If in doubt, recommendations ought to be sought from a regional Structure Control Workplace or expert surveyor/architect.
Operate in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or destroy boundary wall.
- To increase the height or thickness of a party border wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go listed below the bottom of the foundations of the neighbouring structure.
- 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.
Boundary walls
If the planned work on a boundary wall falls under the Party Wall Act, a notice must be released to all impacted neighbouring parties. The notification must consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the home carrying out the work.
- The address of the home.
- A complete description of the proposed work (this will usually 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 involves excavations, a drawing revealing the depth, position and so on
If the prepared work is a new limit wall up to or astride the border line the procedure of serving a notification under the Party Wall Act is as follows:.
- The individual intending to carry out the work should serve a written notification at least one months before the intended start of the work to every neighbouring party providing details of the work to be performed.
- Each neighbouring party needs to react in writing giving permission or registering dissent – if a neighbouring party not does anything within 14 days of receiving the notice, the effect is to put the notice into disagreement. Nevertheless no formal arrangement is required for a wall as much as the limit line, the neighbour simply requires not to object in writing.
- No work may commence on a wall astride the border line up until all neighbouring parties have agreed in writing to the notification (or a revised notification).
See below concerning what happens 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 notice requires to be served at least one month prior to the planned start day of the work. Neighbouring celebrations need to provide written arrangement within 2 week or a disagreement is considered to have happened.
See listed below concerning what happens in case of a dispute/objection.
What occurs if a disagreement emerges.
If contract can not be reached between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are designated to identify a fair and neutral Award, either:.
- A single ‘Agreed Surveyor’ (somebody acceptable to all celebrations).
or. - Each party appoints their own Surveyor to represent the private parties.
The person who is performing the work will typically have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the viewpoint of the Surveyor. Nevertheless it must be kept in mind that any Surveyor must act within their statutory responsibilities and propose a reasonable and objective Award.
- A single ‘Agreed Surveyor’ (somebody acceptable to all celebrations).
- The Agreed Surveyor, or the private Surveyors collectively, will produce an Award which needs to be unbiased and fair to all parties.
- When an Award has actually been made, all parties have 2 week to interest a County Court versus the Award.
As soon as you have arrangement.
All work should comply with the notification when you have arrangement. All the agreements must be maintained to guarantee that a record of the granted permission is kept; a subsequent purchaser of the property may want to establish that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve just offered a quick overview of the Party Wall Act here as it impacts garden work however have a look at the Communities and Local Government website for a more thorough explanatory brochure including example letters for notifications and actions.
- Talking about desired deal with neighbours is totally free and can avoid misconception which might occur if a notification gets here unexpectedly.
- Your regional Structure Control Workplace may have the ability to offer complimentary suggestions concerning the Party Wall Act and how it applies to specific situations.
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