We are Party Wall Surveyors specialising in party wall problems in UK. We have more than twenty 5 years experience of working in UK, acting for experts, companies, along with for people.
Each brief is distinct, and our devoted team of party wall property surveyors is experienced in dealing with all manner of problems relating to party walls. We are proud to provide a bespoke service to match the varying requirements of our customers.
This website is developed to provide basic details along with providing you the opportunity to contact us straight with your issues and requirements, therefore enabling our professional Party Wall Surveyors to encourage you accordingly.
The existing legislation handling party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or foundations (including stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors offers an unique niche service, which enables you to have the very best quality service at competitively priced charges.
To learn more contact one of 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 effects the garden
At first sight, it is simple to think that the 1996 Party Wall Act does not impact garden building, however it does affect the building and construction of border walls even if not part of buildings and can likewise applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and provides you rights and duties whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on a relevant 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 Consent for any work undertaken. Having Planning Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if somebody is preparing to do deal with a pertinent structure, for the purposes of the Act ‘party wall’ does not simply suggest 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 limit line (or butts up against it) and is utilized to separate the properties however is not part of any building.
- Excavation close to a neighbouring property.
For details of how the Party Wall Act impacts structure operate in general, take a look at this page.
As with all work impacting neighbours, it is constantly 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 go over the desired work, consider the neighbours remarks, and change your plans (if suitable) before serving the notification.
What garden work requires a notification and authorization.
The basic principle of the Party Wall Act is that all work which might have an effect upon the structural strength or support function of the party wall or may cause damage to the neighbouring side of the wall must be informed. Guidance must be sought from a local Building Control Workplace or expert surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or destroy border wall.
- To increase the height or density of a party limit 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 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 deal with a limit wall falls under the Party Wall Act, a notice needs to be issued to all affected neighbouring celebrations. The notification should include (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 full description of the proposed work (this will typically be just a single sentence outlining 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 notification is being served.
- If the work involves excavations, a drawing revealing the depth, position and so on
If the planned work is a new border wall as much as or astride the border line the process of serving a notice under the Party Wall Act is as follows:.
- The person meaning to perform the work should serve a written notice at least one months before the desired start of the work to every neighbouring party offering information of the work to be performed.
- Each neighbouring party must respond in composing offering authorization or signing up dissent – if a neighbouring party not does anything within 2 week of receiving the notice, the result is to put the notification into disagreement. Nevertheless no formal arrangement is required for a wall up to the boundary line, the neighbour just requires not to object in composing.
- No work may commence on a wall astride the border line up until all neighbouring celebrations have actually agreed in writing to the notice (or a revised notice).
See listed below regarding what occurs in case of a dispute/objection.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notice requires to be served at least one month before the planned start day of the work. Neighbouring celebrations should provide written contract within 14 days or a dispute is deemed to have happened.
See listed below concerning what takes place in the event of a dispute/objection.
What happens if a dispute arises.
If agreement can not be reached in between neighbouring celebrations, the process is as follows:.
- A Surveyor or Surveyors is/are designated to identify a fair and impartial Award, either:.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all parties).
- Each party designates their own Property surveyor to represent the private parties.
The person who is performing the work will typically have to pay all the costs 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 Surveyor needs to act within their statutory duties and propose a reasonable and unbiased Award.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all parties).
- The Agreed Surveyor, or the individual Surveyors jointly, will produce an Award which should be impartial and fair to all parties.
- When an Award has been made, all celebrations have 2 week to appeal to a County Court against the Award.
When you have contract.
Once you have agreement, all work must abide by the notification. All the arrangements must be kept to ensure that a record of the granted permission is kept; a subsequent buyer of the property may want to establish that the work was carried out in accordance with the Party Wall Act requirements.
- We have actually only given a short outline of the Party Wall Act here as it affects garden work but take a look at the Neighborhoods and City government website for a more detailed explanatory booklet consisting of example letters for notifications and responses.
- Going over intended work with neighbours is totally free and can avoid misconception which may emerge if a notification shows up suddenly.
- Your regional Structure Control Workplace may be able to offer free guidance relating to the Party Wall Act and how it applies to particular scenarios.
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