The Faulkners Surveyors is a professional Chartered Building Surveying Practice that runs throughout UK. The Faulkners Surveyors undertakes all aspects of the Party Wall etc. 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 simple to believe that the 1996 Party Wall Act does not impact garden construction, however it does impact the construction of border walls even if not part of buildings and can also applies to deep excavations.

The Party Wall Act 1996 entered force in 1997, so it is now law and offers you rights and duties 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 boundary fences.

The Party Wall Act does not affect any requirement for Planning Consent for any work undertaken. Also, having Planning Permission does not negate the requirements under the Party Wall Act.

The Party Wall Act enters into impact if someone is preparing to do work on 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 impacts building work in basic, take a look at this page.

As with 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 notification to be served, it is much better to informally discuss the designated work, consider the neighbours comments, and modify your plans (if suitable) prior to serving the notification.

What garden work requires a notice and consent.

The basic 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 may cause damage to the neighbouring side of the wall should be informed. If in doubt, advice ought to be looked for from a local Building Control Office or expert surveyor/architect.

Operate in the garden covered by the Party Wall Act include:

Boundary walls

A notice should be issued to all impacted neighbouring parties if the planned work on a border wall falls under the Party Wall Act. The notice needs to consist of (see sample letters in Part 5 of the Party Wall brochure):.

If the prepared work is a new boundary wall as much as or astride the border line the procedure of serving a notice under the Party Wall Act is as follows:.

See listed below concerning what happens in the event 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 before the planned start day of the work. Neighbouring celebrations must offer written agreement within 14 days or a dispute is deemed to have actually taken place.

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

If a dispute emerges, what occurs.

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

When you have agreement.

All work must comply with the notice as soon as you have agreement. All the agreements ought to be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the home may wish to develop that the work was performed in accordance with the Party Wall Act requirements.

Remember:

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