The Faulkners Surveyors is an expert Chartered Structure Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all aspects of the Party Wall etc. Act 1996 and provides the following services:
Unbiased guidance on all Party Wall Matters
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjacent Owners or Structure Owners
Acting as the Agreed Party Wall Property Surveyor
Carrying Out Schedules of Condition studies
Preparation and negotiation of Party Wall Awards (Arrangements).
Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall, also called typical wall surface or as a demising wall surface) is a dividing partition between two adjoining structures that is shared by the passengers of each residence or service. Typically, the contractor lays the wall along a property line dividing two terraced homes, to ensure that one fifty percent of the wall’s thickness lies on each side. This type of wall is generally structural. Event walls can likewise be created by two abutting wall surfaces constructed at various times. The term can be also made use of to describe a division in between separate units within a multi-unit apartment building. Very often the wall in this situation is non-structural but designed to fulfill well-known standards for audio and/or fire protection, i.e. a firewall software.
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 impact garden building and construction, however it does affect the construction of limit walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 entered into 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 border fences.
The Party Wall Act does not impact any requirement for Preparation Permission for any work carried out. Having Preparation Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into result if someone is preparing to do deal with an appropriate structure, for the purposes of the Act ‘party wall’ does not just mean the wall between two semi-detached properties, as far as gardeners are worried 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 building.
- Excavation close to a neighbouring home.
For information of how the Party Wall Act affects building operate in basic, have a look at this page.
Similar to 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 notice to be served, it is better to informally talk about the desired work, think about the neighbours remarks, and amend your strategies (if suitable) before serving the notification.
What garden work requires a notice and approval.
The basic principle of the Party Wall Act is that all work which may 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 informed. If in doubt, suggestions should be sought from a local Building Control Workplace or expert surveyor/architect.
Work in the garden covered by the Party Wall Act include:
- 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 structure where the excavation will go below the bottom of the structures of the neighbouring building.
- Excavations within 6 metres of a neighbouring structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring structure.
If the planned deal with a border wall falls under the Party Wall Act, a notice must be issued to all impacted neighbouring celebrations. The notification should consist of (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 usually be simply a single sentence laying out the work).
- The proposed start date for the work.
- A clear declaration that the notification is being served under The Party Wall etc Act 1996.
- The date the notice is being served.
- If the work includes excavations, a drawing revealing the depth, position etc
If the planned work is a new limit wall approximately or astride the limit line the procedure of serving a notice under the Party Wall Act is as follows:.
- The person intending to carry out the work should serve a composed notice at least one months before the intended start of the work to every neighbouring party giving details of the work to be carried out.
- Each neighbouring party needs to respond in composing providing permission or registering dissent – if a neighbouring party does nothing within 2 week of getting the notification, 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 just requires not to object in writing.
- No work might commence on a wall astride the limit line until all neighbouring celebrations have concurred in writing to the notification (or a modified notification).
See listed below regarding what occurs in case of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notification needs to be served at least one month prior to the prepared start day of the work. Neighbouring celebrations should give written contract within 14 days or a dispute is considered to have actually happened.
See below regarding what happens in case of a dispute/objection.
What happens if a disagreement develops.
If agreement can not be reached between neighbouring celebrations, the process is as follows:.
- A Surveyor or Surveyors is/are appointed to figure out a impartial and reasonable Award, either:.
- A single ‘Concurred Property surveyor’ (someone appropriate to all parties).
- Each party designates their own Surveyor to represent the private parties.
The individual who is carrying out the work will generally have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the viewpoint of the Property surveyor. However it must be noted that any Surveyor must act within their statutory duties and propose a fair and neutral Award.
- A single ‘Concurred Property surveyor’ (someone appropriate to all parties).
- The Agreed Property surveyor, or the individual Surveyors jointly, will produce an Award which needs to be fair and objective to all parties.
- Once an Award has been made, all parties have 2 week to appeal to a County Court against the Award.
When you have agreement.
Once you have agreement, all work needs to comply with the notice. All the contracts should be retained to make sure that a record of the granted permission is kept; a subsequent buyer of the residential or commercial property may want 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 but have a look at the Communities and City government site for a more thorough explanatory brochure consisting of example letters for notices and actions.
- Going over intended work with neighbours is complimentary and can prevent misunderstanding which might emerge if a notice shows up unexpectedly.
- Your regional Building Control Workplace may be able to provide complimentary advice relating to the Party Wall Act and how it applies to specific situations.
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