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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, 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:

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:

Boundary walls

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):.

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:.

See listed below regarding what takes place in case 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 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:.

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:

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