Faulkners Surveyors is an independent company of structure surveyors that specialise in the
Party Wall and so on. Act 1996 acting for Building Owners, Adjacent Owners and as the Agreed Property Surveyor throughout London and the House Counties.
Party Wall (WikiPedia)
The Party Wall Act 1996
as it effects the garden
At first sight, it is easy to believe that the 1996 Party Wall Act does not impact garden building, nevertheless it does affect the construction of boundary 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 obligations whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with an appropriate 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 Permission for any work carried out. Having Planning Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into impact if someone is planning to do deal with an appropriate structure, for the functions of the Act ‘party wall’ does not simply mean 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 border line (or butts up against it) and is used to separate the residential or commercial properties however is not part of any structure.
- Excavation near to a neighbouring residential or commercial property.
For information of how the Party Wall Act affects structure operate in basic, take a look at this page.
Similar to all work affecting neighbours, it is always better to reach a friendly contract instead of resort to any law. Even where the work needs a notice to be served, it is better to informally discuss the desired work, think about the neighbours comments, and amend your plans (if suitable) prior to serving the notice.
What garden work requires a notification and authorization.
The general principle 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 may cause damage to the neighbouring side of the wall should be notified. If in doubt, advice should be looked for from a local Building Control Workplace or expert surveyor/architect.
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 thickness 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 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.
Boundary walls
If the prepared work on a boundary wall falls under the Party Wall Act, a notification must be provided to all affected neighbouring celebrations. The notification should consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the home undertaking the work.
- The address of the home.
- A full description of the proposed work (this will generally be just a single sentence laying out 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 involves excavations, a drawing revealing the depth, position and so on
If the planned work is a new border wall approximately or astride the boundary line the process of serving a notice under the Party Wall Act is as follows:.
- The individual planning to carry out the work should serve a written notice at least one months before the designated start of the work to every neighbouring party offering details of the work to be carried out.
- Each neighbouring party must react in writing giving permission or registering dissent – if a neighbouring party does nothing within 14 days of getting the notification, the impact is to put the notice into disagreement. Nevertheless no official contract is needed for a wall approximately the limit line, the neighbour simply requires not to object in composing.
- No work may commence on a wall astride the limit line till all neighbouring celebrations have agreed in writing to the notice (or a modified notification).
See below regarding what happens 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 at least one month prior to the prepared start day of the work. Neighbouring celebrations need to offer written contract within 2 week or a conflict is deemed to have happened.
See below concerning what occurs in case of a dispute/objection.
If a dispute occurs, 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 figure out a reasonable and unbiased Award, either:.
- A single ‘Agreed Property surveyor’ (somebody appropriate to all parties).
or. - Each party appoints their own Property surveyor to represent the individual parties.
The person who is performing the work will normally have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the opinion of the Property surveyor. However it must be kept in mind that any Property surveyor must act within their statutory obligations and propose a fair and objective Award.
- A single ‘Agreed Property surveyor’ (somebody appropriate to all parties).
- The Agreed Property surveyor, or the private Surveyors collectively, will produce an Award which needs to be fair and objective to all celebrations.
- As soon as an Award has been made, all parties have 2 week to appeal to a County Court against the Award.
Once you have arrangement.
All work must comply with the notification as soon as you have arrangement. All the arrangements need to be kept to guarantee that a record of the granted permission is kept; a subsequent buyer of the residential or commercial property may want to develop that the work was performed in accordance with the Party Wall Act requirements.
Remember:
- We’ve only offered a short summary of the Party Wall Act here as it affects garden work however take a look at the Communities and Local Government site for a more detailed explanatory pamphlet including example letters for notices and reactions.
- If a notice arrives suddenly, going over intended work with neighbours is free and can avoid misconception which might emerge.
- Your local Building Control Office might be able to offer complimentary advice regarding the Party Wall Act and how it applies to specific circumstances.
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