Faulkners Surveyors (Party Wall) was developed in 2010 and has actually grown rapidly over the past decade as an expert firm providing professional and devoted services. Our group are committed to providing a quality service for sensible and transparent expenses.
Our aim is to make the process as simplistic and smooth as possible by taking all matters forward progressive and in line with the Act. We intend to keep all parties up to date with the procedure and offer guarantee and convenience in the knowledge that certified experts in Party Wall Matters have been appointed. The assurance that our surveyors are members of the Professors of Party Wall Surveyors and that the company is an acknowledged RICS company offers a network of security and benefiting aspects of the assistance and support of governing bodies.
The director of Faulkners Surveyors (Party Wall) is likewise a chair for the Northern House Counties area of the Faculty of Faulkners Surveyors (Party Wall) whom supplies regular satisfies to make sure all regional property surveyors have access to ongoing assistance and training. This ensures that we depend on date with current and relevant case Law along with general practices and working policies.
Faulkners Surveyors (Party Wall) is for that reason not only identified for its professional group and cost effective services by consumers however also by and within the network of Party Wall Surveyors both in your area and nationally.
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 easy to think that the 1996 Party Wall Act does not affect garden building, however it does impact the building and construction of boundary walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and offers you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with a relevant 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 Preparation Permission for any work carried out. Having Preparation Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into result if someone is preparing to do work on an appropriate structure, for the purposes of the Act ‘party wall’ does not simply indicate the wall between two semi-detached residential or commercial properties, as far as garden enthusiasts are concerned it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is used 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 structure operate in general, have a look at this page.
As with all work affecting neighbours, it is constantly much better to reach a friendly arrangement instead of turn to any law. Even where the work requires a notification to be served, it is much better to informally discuss the intended work, consider the neighbours comments, and amend your plans (if proper) before serving the notice.
What garden work needs a notification and consent.
The basic concept of the Party Wall Act is that all work which may have an impact upon the structural strength or support function of the party wall or might trigger damage to the neighbouring side of the wall need to be alerted. If in doubt, guidance needs to be sought from a regional Structure Control Office or expert surveyor/architect.
Operate in the garden covered by the Party Wall Act consist of:
- To destroy and/or rebuild/build a party border wall.
- To increase the height or thickness of a party border wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go listed below the bottom of the structures of the neighbouring structure.
- 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 issued to all affected neighbouring parties if the prepared work on a border wall falls under the Party Wall Act. The notification needs to include (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the property undertaking the work.
- The address of the residential or commercial property.
- A full description of the proposed work (this will generally be simply a single sentence outlining 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 notification is being served.
- If the work involves excavations, a drawing showing the depth, position etc
If the planned work is a new border wall up to or astride the border line the procedure of serving a notification under the Party Wall Act is as follows:.
- The individual intending to perform the work needs to serve a written notice a minimum of one months prior to the designated start of the work to every neighbouring party providing details of the work to be performed.
- Each neighbouring party ought to react in writing offering approval or signing up dissent – if a neighbouring party not does anything within 2 week of getting the notice, the effect is to put the notification into disagreement. However no official contract is required 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 limit line until all neighbouring parties have concurred in writing to the notice (or a modified notification).
See below concerning what happens in case 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 prior to the prepared start day of the work. Neighbouring parties must provide written arrangement within 2 week or a conflict is deemed to have occurred.
See below concerning what occurs in case of a dispute/objection.
If a dispute emerges, what happens.
If agreement can not be reached between neighbouring parties, the process is as follows:.
- A Surveyor or Surveyors is/are appointed to determine a unbiased and fair Award, either:.
- A single ‘Concurred Property surveyor’ (somebody acceptable to all celebrations).
- Each party designates their own Surveyor to represent the individual parties.
The individual who is carrying out the work will normally need to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the opinion of the Surveyor. It needs to be noted that any Property surveyor should act within their statutory duties and propose a impartial and fair Award.
- A single ‘Concurred Property surveyor’ (somebody acceptable to all celebrations).
- The Agreed Surveyor, or the specific Surveyors jointly, will produce an Award which needs to be unbiased and reasonable to all parties.
- When an Award has been made, all parties have 14 days to attract a County Court versus the Award.
As soon as you have agreement.
Once you have agreement, all work must abide by the notification. All the arrangements must be kept to make sure that a record of the granted permission is kept; a subsequent buyer of the home may want to develop that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve just provided a short outline of the Party Wall Act here as it impacts garden work but take a look at the Communities and City government website for a more detailed explanatory pamphlet including example letters for notifications and responses.
- Going over designated work with neighbours is totally free and can avoid misconception which may occur if a notice gets here all of a sudden.
- Your local Structure Control Workplace might have the ability to give complimentary suggestions regarding the Party Wall Act and how it applies to specific situations.
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