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:

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 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:

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:

Boundary walls

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):.

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:.

See below concerning what happens in the event of a dispute/objection.

Excavations.

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:.

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.

Remember:

Related Articles

Around the Web