The Faulkners Surveyors is an expert Chartered Structure Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all elements of the Party Wall and so on. Act 1996 and offers the following services:
Unbiased guidance on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Surveyor for either Adjacent Owners or Structure Owners
Acting as the Agreed Party Wall Property Surveyor
Carrying Out Schedules of Condition surveys
Preparation and negotiation of Party Wall Awards (Contracts).
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 easy to think that the 1996 Party Wall Act does not affect garden building and construction, nevertheless it does affect the construction of boundary walls even if not part of structures 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 obligations 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 limit fences.
The Party Wall Act does not impact any requirement for Planning Approval for any work undertaken. Having Planning Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters impact if somebody is preparing to do deal with a relevant structure, for the purposes 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 concerned it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is utilized to separate the properties however is not part of any structure.
- Excavation close to a neighbouring residential or commercial property.
For details of how the Party Wall Act affects structure work in basic, have a look at this page.
Similar to all work affecting neighbours, it is always much better to reach a friendly contract rather than resort to any law. Even where the work requires a notice to be served, it is much better to informally discuss the intended work, think about the neighbours comments, and amend your strategies (if suitable) before serving the notice.
What garden work requires a notice and consent.
The general principle of the Party Wall Act is that all work which might 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 notified. Suggestions must be looked for from a regional Structure Control Office or professional surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act include:
- 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 building where the excavation will go below the bottom of the foundations 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.
If the prepared deal with a border wall falls under the Party Wall Act, a notification must be provided to all impacted neighbouring parties. The notification needs to 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 complete description of the proposed work (this will usually be just a single sentence detailing 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 and so on
If the prepared work is a brand-new border wall as much as or astride the boundary line the procedure of serving a notice under the Party Wall Act is as follows:.
- The person intending to perform the work needs to serve a written notification at least one months before the designated start of the work to every neighbouring party providing details of the work to be performed.
- Each neighbouring party needs to respond in composing providing permission or registering dissent – if a neighbouring party not does anything within 2 week of getting the notice, the effect is to put the notice into dispute. However no official contract is required for a wall up to the border line, the neighbour simply needs not to object in composing.
- No work might commence on a wall astride the boundary line up until all neighbouring celebrations have concurred in writing to the notification (or a revised notification).
See below concerning what happens in the event 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 need to give written arrangement within 14 days or a conflict is deemed to have actually taken place.
See below concerning what occurs in the event of a dispute/objection.
What takes place if a disagreement emerges.
If agreement can not be reached in between neighbouring parties, the procedure is as follows:.
- A Surveyor or Surveyors is/are appointed to figure out a reasonable and impartial Award, either:.
- A single ‘Agreed Property surveyor’ (someone appropriate to all parties).
- Each party appoints their own Property surveyor to represent the private celebrations.
The person who is carrying out the work will generally have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the viewpoint of the Surveyor. However it ought to be noted that any Surveyor must act within their statutory duties and propose a fair and unbiased Award.
- A single ‘Agreed Property surveyor’ (someone appropriate to all parties).
- The Agreed Property surveyor, or the private Surveyors collectively, will produce an Award which needs to be neutral and reasonable to all celebrations.
- When an Award has been made, all celebrations have 2 week to attract a County Court versus the Award.
Once you have contract.
All work should comply with the notification when you have contract. All the arrangements ought to be maintained to make sure that a record of the granted permission is kept; a subsequent buyer of the property may want to develop that the work was performed in accordance with the Party Wall Act requirements.
- We have actually just given a brief summary of the Party Wall Act here as it impacts garden work but have a look at the Neighborhoods and Local Government website for a more detailed explanatory booklet consisting of example letters for notices and responses.
- Going over designated work with neighbours is complimentary and can prevent misunderstanding which may develop if a notice shows up suddenly.
- Your regional Building Control Office may be able to offer totally free suggestions concerning the Party Wall Act and how it applies to specific circumstances.
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