We are completely certified expert Party Wall Surveyors with years of experience producing Arrange of Condition reports and lawfully serving Party Wall Agreements and Notices.
With workplaces in Central, South and North London it makes us completely positioned to serve Greater London and the surrounding counties.
Whether you’re a Structure Owner planning a brand-new task or a neighbour who has actually been served a Party Wall Notice our understanding and experience ensures we are always best prepared to assist with your Party Wall requirements.
Call now and talk to a Specialist Surveyor for friendly professional guidance.
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 simple to believe that the 1996 Party Wall Act does not impact garden construction, nevertheless it does affect the construction of border walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and provides 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 limit fences.
The Party Wall Act does not impact any requirement for Preparation Authorization for any work carried out. Also, having Planning Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into effect if someone is preparing to do deal with a relevant structure, for the functions of the Act ‘party wall’ does not simply indicate the wall in between 2 semi-detached residential or commercial properties, as far as gardeners 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 however is not part of any building.
- Excavation near to a neighbouring property.
For details of how the Party Wall Act affects building work in general, take a look at this page.
Similar to all work impacting neighbours, it is always much better to reach a friendly arrangement instead of resort to any law. Even where the work needs a notice to be served, it is 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 approval.
The general principle 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 might cause damage to the neighbouring side of the wall should be notified. Advice must be sought from a local Building Control Workplace or professional surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or demolish border wall.
- To increase the height or thickness of a party border wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go below the bottom of the foundations of the neighbouring building.
- 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 structure.
If the planned work on a border wall falls under the Party Wall Act, a notification needs to be issued to all affected neighbouring celebrations. The notification should include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the home undertaking the work.
- The address of the residential or commercial property.
- A complete description of the proposed work (this will usually be simply a single sentence outlining 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 involves excavations, a drawing revealing the depth, position etc
If the planned work is a brand-new limit wall as much as or astride the boundary line the procedure of serving a notification under the Party Wall Act is as follows:.
- The person meaning to perform the work must serve a written notification a minimum of one months before the intended start of the work to every neighbouring party providing information of the work to be carried out.
- Each neighbouring party ought to respond in composing offering consent or registering dissent – if a neighbouring party does nothing within 2 week of receiving the notification, the effect is to put the notice into disagreement. No formal arrangement is required for a wall up to the boundary line, the neighbour simply requires not to object in composing.
- No work might begin on a wall astride the boundary line up until all neighbouring parties have actually concurred in writing to the notification (or a modified notification).
See listed below regarding what takes place 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 before the planned start day of the work. Neighbouring parties need to give written agreement within 2 week or a dispute is deemed to have actually occurred.
See below concerning what takes place in case of a dispute/objection.
If a dispute arises, what takes place.
If agreement can not be reached in between neighbouring celebrations, the process is as follows:.
- A Property surveyor or Surveyors is/are selected to determine a objective and reasonable Award, either:.
- A single ‘Agreed Property surveyor’ (somebody appropriate to all parties).
- Each party selects their own Surveyor to represent the specific parties.
The person who is performing the work will usually have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the opinion of the Property surveyor. Nevertheless it ought to be noted that any Property surveyor should act within their statutory obligations and propose a fair and objective Award.
- A single ‘Agreed Property surveyor’ (somebody appropriate to all parties).
- The Agreed Surveyor, or the specific Surveyors collectively, will produce an Award which should be reasonable and impartial to all celebrations.
- Once an Award has been made, all celebrations have 14 days to attract a County Court versus the Award.
Once you have contract.
All work must comply with the notification when you have arrangement. All the agreements need to be maintained to ensure that a record of the granted permission is kept; a subsequent purchaser of the property might wish to develop that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve just provided a brief summary of the Party Wall Act here as it impacts garden work however take a look at the Communities and City government website for a more thorough explanatory pamphlet consisting of example letters for reactions and notifications.
- Talking about desired work with neighbours is free and can avoid misunderstanding which might arise if a notice gets here suddenly.
- Your regional Structure Control Office may have the ability to offer free recommendations concerning the Party Wall Act and how it applies to particular circumstances.
Around the Web