We are Party Wall Surveyors specialising in party wall problems in UK. We have over twenty 5 years experience of working in UK, acting for experts, companies, along with for individuals.
Each brief is distinct, and our dedicated group of party wall property surveyors is experienced in dealing with all manner of issues associating with party walls. We are proud to provide a bespoke service to match the varying needs of our customers.
This site is designed to provide fundamental details as well as using you the chance to call us straight with your requirements and issues, thus enabling our specialist Party Wall Surveyors to advise you appropriately.
The present legislation dealing with 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, surrounding excavations and/or structures (including piled foundations).
Our group of Faulkners Surveyors Party Wall Surveyors supplies an unique niche service, which enables you to have the best quality service at competitively priced charges.
For additional information contact among our Faulkners Surveyors Party Wall property 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 effects the garden
At first sight, it is simple to believe that the 1996 Party Wall Act does not affect garden construction, however it does affect the construction of boundary walls even if not part of buildings 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 obligations whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with a pertinent 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 Planning Permission for any work carried out. Similarly, having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into impact 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 in between two semi-detached properties, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is used to separate the residential or commercial properties however is not part of any structure.
- Excavation close to a neighbouring residential or commercial property.
For information of how the Party Wall Act impacts building operate in general, have a look at this page.
As with all work impacting neighbours, it is constantly better to reach a friendly arrangement instead of resort 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 comments, and modify your plans (if suitable) prior to serving the notice.
What garden work needs a notice and permission.
The general concept of the Party Wall Act is that all work which might have an impact upon the structural strength or support function of the party wall or might cause damage to the neighbouring side of the wall need to be informed. Guidance ought to be looked for from a local Building Control Workplace or professional surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act include:
- To demolish and/or rebuild/build a party 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 below the bottom of the structures of the neighbouring structure.
- 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 building.
If the prepared work on a boundary wall falls under the Party Wall Act, a notification should be released to all impacted neighbouring parties. The notice must consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the home undertaking the work.
- The address of the home.
- A complete description of the proposed work (this will normally 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 notice is being served.
- If the work includes excavations, a drawing showing the depth, position and so on
If the planned work is a new boundary wall approximately or astride the boundary line the process of serving a notification under the Party Wall Act is as follows:.
- The individual planning to perform the work needs to serve a written notification a minimum of one months before the desired start of the work to every neighbouring party giving information of the work to be carried out.
- Each neighbouring party needs to respond in writing offering permission or registering dissent – if a neighbouring party does nothing within 14 days of getting the notification, the impact is to put the notification into conflict. No formal contract is required for a wall up to the limit line, the neighbour just needs not to object in writing.
- No work might commence on a wall astride the border line until all neighbouring celebrations have actually concurred in writing to the notification (or a revised notice).
See below concerning 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 needs to be served at least one month prior to the planned start day of the work. Neighbouring parties must give written contract within 2 week or a disagreement is deemed to have taken place.
See below regarding what takes place in case of a dispute/objection.
If a disagreement develops, what happens.
If contract can not be reached in between neighbouring parties, the process is as follows:.
- A Surveyor or Surveyors is/are appointed to determine a objective and reasonable Award, either:.
- A single ‘Agreed Surveyor’ (someone acceptable to all parties).
- Each party appoints their own Surveyor to represent the private parties.
The person 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 Property surveyor unnecessarily – in the opinion of the Property surveyor. It should be kept in mind that any Property surveyor must act within their statutory responsibilities and propose a neutral and fair Award.
- A single ‘Agreed Surveyor’ (someone acceptable to all parties).
- The Agreed Property surveyor, or the individual Surveyors jointly, will produce an Award which must be objective and fair to all parties.
- Once an Award has been made, all parties have 2 week to appeal to a County Court versus the Award.
When you have agreement.
All work needs to comply with the notice once you have agreement. All the arrangements need to be maintained to make sure that a record of the granted permission is kept; a subsequent purchaser of the home might wish to develop that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve only given a short outline of the Party Wall Act here as it impacts garden work however have a look at the Communities and City government website for a more extensive explanatory pamphlet consisting of example letters for notices and actions.
- If a notification shows up unexpectedly, talking about designated work with neighbours is totally free and can prevent misunderstanding which may arise.
- Your local Building Control Office might have the ability to provide complimentary guidance concerning the Party Wall Act and how it applies to particular scenarios.
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