PARTY WALL SURVEYORS

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 Surveyor throughout London and the Home Counties.

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.

party wall

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 and construction, however it does impact the building of border walls even if not part of structures 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 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. 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 a pertinent structure, for the functions of the Act ‘party wall’ does not just indicate the wall in between two semi-detached properties, as far as garden enthusiasts are concerned it covers:

For details of how the Party Wall Act affects structure operate in basic, take a look at this page.

As with all work affecting neighbours, it is constantly better to reach a friendly arrangement rather than resort to any law. Even where the work needs a notice to be served, it is much better to informally discuss the desired work, think about the neighbours comments, and change your strategies (if appropriate) prior to serving the notification.

What garden work needs a notice and consent.

The general concept of the Party Wall Act is that all work which might have an impact upon the structural strength or assistance function of the party wall or might cause damage to the neighbouring side of the wall should be alerted. If in doubt, recommendations ought to be looked for from a regional Building Control Workplace or professional surveyor/architect.

Operate in the garden covered by the Party Wall Act consist of:

Boundary walls

A notification must be released to all affected neighbouring parties if the planned work on a boundary wall falls under the Party Wall Act. The notice needs to consist of (see sample letters in Part 5 of the Party Wall leaflet):.

If the prepared work is a new border wall up to or astride the limit line the process of serving a notification under the Party Wall Act is as follows:.

See below regarding what takes place 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 needs to be served a minimum of one month before the planned start day of the work. Neighbouring parties should give written agreement within 14 days or a conflict is considered to have occurred.

See listed below regarding what occurs in the event of a dispute/objection.

If a dispute arises, what happens.

If contract can not be reached between neighbouring celebrations, the procedure is as follows:.

When you have contract.

All work must comply with the notification as soon as you have agreement. All the contracts must be maintained to ensure that a record of the granted permission is kept; a subsequent buyer of the home may wish to develop that the work was carried out in accordance with the Party Wall Act requirements.

Remember:

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