We are Party Wall Surveyors specialising in party wall issues in UK. We have more than twenty 5 years experience of working in UK, acting for specialists, businesses, along with for individuals.
Each quick is special, and our dedicated team of party wall surveyors is experienced in handling all manner of concerns connecting to party walls. We are proud to provide a bespoke service to match the differing requirements of our customers.
This website is designed to supply fundamental details as well as using you the opportunity to contact us straight with your issues and requirements, hence allowing our professional Party Wall Surveyors to advise you accordingly.
The current legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or foundations (consisting of piled structures).
Our team of Faulkners Surveyors Party Wall Surveyors offers a special specific niche service, which allows you to have the very best quality service at competitively priced fees.
For more 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 impacts the garden
At first sight, it is simple to believe that the 1996 Party Wall Act does not affect garden construction, nevertheless it does impact the building and construction of limit walls even if not part of buildings and can likewise applies to deep excavations.
The Party Wall Act 1996 entered 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 deal with a pertinent structure or if your neighbour is.
The Party Wall Act does not apply to boundary fences.
The Party Wall Act does not affect any requirement for Planning Permission for any work carried out. Similarly, having Planning Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if someone is planning to do deal with an appropriate structure, for the functions of the Act ‘party wall’ does not just suggest the wall in between 2 semi-detached residential or commercial properties, as far as garden enthusiasts are worried it covers:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is utilized to separate the homes but is not part of any structure.
- Excavation close to a neighbouring property.
For details of how the Party Wall Act impacts building operate in basic, have a look at this page.
As with all work impacting neighbours, it is always better to reach a friendly arrangement instead of resort to any law. Even where the work requires a notification to be served, it is better to informally discuss the designated work, consider the neighbours remarks, and amend your strategies (if proper) prior to serving the notification.
What garden work requires a notice and authorization.
The basic concept of the Party Wall Act is that all work which might have a result upon the structural strength or support function of the party wall or may cause damage to the neighbouring side of the wall should be informed. Advice must be sought from a regional Structure Control Workplace or professional 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 limit wall.
- To increase the height or thickness of a party boundary wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the foundations of the neighbouring building.
- Excavations within 6 metres of a neighbouring structure where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring building.
A notification must be provided to all affected neighbouring parties if the planned work on a border wall falls under the Party Wall Act. The notification should include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the residential or commercial property undertaking the work.
- The address of the home.
- A full description of the proposed work (this will usually be simply a single sentence laying out 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 includes excavations, a drawing showing the depth, position etc
If the planned work is a brand-new limit wall as much as or astride the limit line the procedure of serving a notice under the Party Wall Act is as follows:.
- The person intending to perform the work must serve a written notification at least one months before the designated start of the work to every neighbouring party offering information of the work to be performed.
- Each neighbouring party should respond in writing providing approval or registering dissent – if a neighbouring party not does anything within 14 days of getting the notice, the result is to put the notice into conflict. No official contract is needed for a wall up to the limit line, the neighbour simply needs not to object in composing.
- No work may commence on a wall astride the boundary line till all neighbouring parties have actually agreed in writing to the notice (or a modified notification).
See listed below regarding what takes place in case of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served at least one month before the prepared start day of the work. Neighbouring celebrations need to give written agreement within 14 days or a conflict is deemed to have taken place.
See below concerning what happens in case of a dispute/objection.
If a dispute emerges, what happens.
If contract can not be reached in between neighbouring celebrations, the procedure is as follows:.
- A Property surveyor or Surveyors is/are selected to determine a objective and reasonable Award, either:.
- A single ‘Concurred Property surveyor’ (someone acceptable to all parties).
- Each party designates their own Property surveyor to represent the private parties.
The individual 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 needlessly – in the opinion of the Property surveyor. However it must be noted that any Surveyor must act within their statutory responsibilities and propose a fair and impartial Award.
- A single ‘Concurred Property surveyor’ (someone acceptable to all parties).
- The Agreed Surveyor, or the individual Surveyors collectively, will produce an Award which needs to be impartial and reasonable to all celebrations.
- Once an Award has been made, all celebrations have 14 days to attract a County Court versus the Award.
As soon as you have agreement.
Once you have arrangement, all work should abide by the notice. All the contracts need to be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the home might wish to develop that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just given a brief outline of the Party Wall Act here as it affects garden work however have a look at the Communities and Local Government site for a more detailed explanatory pamphlet including example letters for reactions and notifications.
- If a notice gets here all of a sudden, talking about desired work with neighbours is free and can avoid misunderstanding which may occur.
- Your regional Structure Control Workplace might have the ability to offer totally free recommendations regarding the Party Wall Act and how it applies to specific situations.
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