The Faulkners Surveyors is a professional Chartered Building Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all aspects of the Party Wall and so on. Act 1996 and supplies the following services:
Impartial suggestions on all Party Wall Matters
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Surveyor for either Adjoining Owners or Building Owners
Acting as the Agreed Party Wall Property Surveyor
Carrying Out Schedules of Condition studies
Preparation and settlement of Party Wall Awards (Arrangements).
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 and construction, nevertheless it does impact the construction of boundary walls even if not part of structures and can likewise applies to deep excavations.
The Party Wall Act 1996 entered force in 1997, so it is now law and gives you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on an appropriate 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 Approval for any work carried out. Having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into effect if someone is preparing to do work on a pertinent structure, for the purposes of the Act ‘party wall’ does not just mean the wall between 2 semi-detached 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 used to separate the homes but is not part of any building.
- Excavation close to a neighbouring property.
For details of how the Party Wall Act affects structure operate in general, have a look at this page.
Similar to all work impacting neighbours, it is always better to reach a friendly agreement instead of resort to any law. Even where the work requires a notice to be served, it is much better to informally talk about the desired work, consider the neighbours remarks, and modify your plans (if suitable) prior to serving the notification.
What garden work requires a notice and permission.
The general principle of the Party Wall Act is that all work which may have an effect upon the structural strength or support function of the party wall or may cause damage to the neighbouring side of the wall should be notified. Advice ought to be sought from a local Structure Control Office or expert surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or destroy limit wall.
- To increase the height or thickness of a party boundary wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go listed 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 structures of the neighbouring structure.
If the prepared deal with a limit wall falls under the Party Wall Act, a notification must be provided to all impacted neighbouring parties. The notice must consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the home carrying out the work.
- The address of the residential or commercial property.
- A full 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 notice 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 etc
If the prepared work is a new border wall up to or astride the border line the procedure of serving a notice under the Party Wall Act is as follows:.
- The person intending to carry out the work needs to serve a written notice at least one months before the intended start of the work to every neighbouring party providing information of the work to be performed.
- Each neighbouring party should respond in composing giving consent or registering dissent – if a neighbouring party does nothing within 14 days of receiving the notification, the impact is to put the notice into dispute. No formal agreement is needed for a wall up to the border line, the neighbour simply requires not to object in composing.
- No work may start on a wall astride the border line up until all neighbouring celebrations have concurred in writing to the notification (or a revised notice).
See listed below concerning what takes place 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 prepared start day of the work. Neighbouring parties must provide written arrangement within 2 week or a dispute is considered to have actually occurred.
See below concerning what takes place in case of a dispute/objection.
If a disagreement emerges, what takes place.
If contract can not be reached in between neighbouring celebrations, the procedure is as follows:.
- A Property surveyor or Surveyors is/are designated to figure out a neutral and reasonable Award, either:.
- A single ‘Agreed Surveyor’ (someone acceptable to all celebrations).
- Each party appoints their own Property surveyor to represent the individual celebrations.
The person who is performing the work will usually have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the opinion of the Property surveyor. It should be kept in mind that any Property surveyor needs to act within their statutory obligations and propose a unbiased and reasonable Award.
- A single ‘Agreed Surveyor’ (someone acceptable to all celebrations).
- The Agreed Surveyor, or the specific Surveyors jointly, will produce an Award which must be objective and fair to all parties.
- When an Award has actually been made, all parties have 14 days to appeal to a County Court against the Award.
Once you have contract.
All work should comply with the notice when you have contract. All the agreements need to be retained to make sure that a record of the granted permission is kept; a subsequent buyer of the property may wish to establish that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just offered a brief summary of the Party Wall Act here as it affects garden work but have a look at the Communities and City government site for a more comprehensive explanatory pamphlet including example letters for actions and notifications.
- Talking about desired work with neighbours is free and can avoid misunderstanding which may develop if a notice gets here all of a sudden.
- Your regional Structure Control Workplace might have the ability to give totally free guidance concerning the Party Wall Act and how it applies to specific situations.
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