Faulkners Surveyors As qualified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every aspect essential to encourage upon and resolve Party Wall issues, such as:
- Preparing and serving valid Party Wall Notices
- Acting as the Building Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are professionals and operate in accordance with the policies set down by the Professors of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to comply with this legislation may result in works being illegal.
Party Wall (WikiPedia)
A party wall (periodically parti-wall or parting wall surface, additionally called common wall or as a demising wall surface) is a separating dividers between two adjacent structures that is shared by the occupants of each residence or business. Typically, the building contractor lays the wall surface along a residential or commercial property line splitting two terraced residences, to make sure that one half of the wall’s density pushes each side. This sort of wall is usually architectural. Party wall surfaces can also be developed by 2 abutting wall surfaces developed at different times. The term can be likewise utilized to define a division between separate devices within a multi-unit apartment building. Very usually the wall in this case is non-structural yet designed to meet well established requirements for sound and/or fire protection, i.e. a firewall software.
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, however it does impact the building and construction of boundary 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 gives 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 limit fences.
The Party Wall Act does not affect any requirement for Planning Permission for any work undertaken. Having Planning Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if someone is preparing to do deal with an appropriate structure, for the functions of the Act ‘party wall’ does not just suggest the wall between two semi-detached homes, as far as gardeners are concerned it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is utilized to separate the homes however is not part of any building.
- Excavation close to a neighbouring residential or commercial property.
For information of how the Party Wall Act affects structure operate in basic, have 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 talk about the desired work, consider the neighbours remarks, and amend your strategies (if proper) before serving the notification.
What garden work needs a notice and consent.
The general principle of the Party Wall Act is that all work which may 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 need to be alerted. Guidance must be sought from a regional Building Control Office or expert surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act consist of:
- To destroy and/or rebuild/build a party boundary wall.
- To increase the height or density of a party border wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go listed 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 foundations of the neighbouring structure.
A notice must be provided to all affected neighbouring celebrations if the prepared work on a boundary wall falls under the Party Wall Act. The notice should consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the home carrying out the work.
- The address of the property.
- A full description of the proposed work (this will usually 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 notice is being served.
- If the work includes excavations, a drawing showing the depth, position etc
If the planned work is a new border wall up to or astride the border line the procedure of serving a notification under the Party Wall Act is as follows:.
- The person planning to carry out the work should serve a written notification at least one months before the desired start of the work to every neighbouring party giving information of the work to be performed.
- Each neighbouring party ought to react in composing providing permission or registering dissent – if a neighbouring party does nothing within 14 days of getting the notice, the result is to put the notification into conflict. Nevertheless no official contract is needed for a wall approximately the limit line, the neighbour simply needs not to object in composing.
- No work may start on a wall astride the border line up until all neighbouring parties have concurred in writing to the notification (or a modified notice).
See listed below concerning what occurs in case of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notification requires to be served a minimum of one month prior to the planned start day of the work. Neighbouring celebrations should offer written arrangement within 14 days or a dispute is deemed to have taken place.
See below regarding what takes place in the event of a dispute/objection.
If a disagreement develops, what takes place.
If contract can not be reached between neighbouring parties, the procedure is as follows:.
- A Surveyor or Surveyors is/are appointed to identify a impartial and reasonable Award, either:.
- A single ‘Agreed Surveyor’ (someone appropriate to all parties).
- Each party designates their own Surveyor to represent the private celebrations.
The person who is performing the work will normally have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the opinion of the Surveyor. It needs to be noted that any Surveyor needs to act within their statutory obligations and propose a neutral and reasonable Award.
- A single ‘Agreed Surveyor’ (someone appropriate to all parties).
- The Agreed Property surveyor, or the specific Surveyors jointly, will produce an Award which must be reasonable and neutral to all celebrations.
- When an Award has been made, all parties have 14 days to interest a County Court against the Award.
As soon as you have arrangement.
As soon as you have agreement, all work should abide by the notification. All the agreements should be kept 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 carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve just offered a brief outline of the Party Wall Act here as it affects garden work but have a look at the Neighborhoods and City government site for a more thorough explanatory pamphlet including example letters for notifications and actions.
- Discussing intended deal with neighbours is totally free and can avoid misconception which might occur if a notice shows up all of a sudden.
- Your local Building Control Office might have the ability to give totally free advice regarding the Party Wall Act and how it applies to specific situations.
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