The Faulkners Surveyors is a specialist Chartered Building Surveying Practice that operates throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall and so on. Act 1996 and provides the following services:
Unbiased guidance on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Surveyor for either Adjacent Owners or Building Owners
Acting as the Agreed Party Wall Property Surveyor
Undertaking Schedules of Condition surveys
Preparation and settlement of Party Wall Awards (Agreements).
Party Wall (WikiPedia)
The Party Wall Act 1996
as it effects the garden
At first sight, it is easy to believe that the 1996 Party Wall Act does not impact garden construction, however it does affect the building and construction of border walls even if not part of structures 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 deal with a relevant structure or if your neighbour is.
The Party Wall Act does not apply to limit fences.
The Party Wall Act does not affect any requirement for Preparation Consent for any work carried out. Likewise, having Planning Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into result if someone is planning to do work on a pertinent structure, for the functions of the Act ‘party wall’ does not just mean the wall in between two semi-detached properties, as far as garden enthusiasts 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 residential or commercial property.
For details of how the Party Wall Act affects building work in basic, take a look at this page.
As with all work impacting neighbours, it is always better to reach a friendly arrangement rather than resort to any law. Even where the work requires a notification to be served, it is much better to informally discuss the desired work, think about the neighbours comments, and modify your plans (if appropriate) before serving the notice.
What garden work needs a notification and permission.
The basic concept 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 may cause damage to the neighbouring side of the wall should be informed. If in doubt, suggestions needs to be sought from a regional Building Control Office or professional surveyor/architect.
Operate in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or demolish boundary wall.
- To increase the height or thickness of a party limit wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go listed 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 foundations of the neighbouring structure.
If the planned work on a limit wall falls under the Party Wall Act, a notification must be released to all affected neighbouring celebrations. The notification should include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property carrying out the work.
- The address of the residential or commercial property.
- A complete description of the proposed work (this will generally be simply a single sentence describing the work).
- The proposed start date for the work.
- A clear statement that the notification is being served under The Party Wall etc Act 1996.
- The date the notification is being served.
- If the work involves excavations, a drawing showing the depth, position etc
If the planned work is a new border wall approximately or astride the boundary line the process of serving a notification under the Party Wall Act is as follows:.
- The individual meaning to carry out the work must serve a composed notification a minimum of one months before the designated start of the work to every neighbouring party offering information of the work to be performed.
- Each neighbouring party should react in writing providing permission or registering dissent – if a neighbouring party does nothing within 2 week of receiving the notification, the effect is to put the notice into conflict. No formal arrangement is needed for a wall up to the limit line, the neighbour just needs not to object in composing.
- No work may begin on a wall astride the boundary line till all neighbouring parties have agreed in writing to the notice (or a revised notification).
See listed below concerning what takes place in case of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice requires to be served a minimum of one month prior to the planned start day of the work. Neighbouring parties need to give written contract within 2 week or a disagreement is considered to have occurred.
See below concerning what happens in case of a dispute/objection.
If a conflict develops, what happens.
If agreement can not be reached in between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are designated to determine a objective and fair Award, either:.
- A single ‘Agreed Surveyor’ (someone acceptable to all parties).
- Each party designates their own Property surveyor to represent the individual celebrations.
The individual who is carrying out the work will typically need to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the opinion of the Property surveyor. It should be noted that any Property surveyor needs to act within their statutory obligations and propose a objective and fair Award.
- A single ‘Agreed Surveyor’ (someone acceptable to all parties).
- The Agreed Property surveyor, or the individual Surveyors jointly, will produce an Award which must be unbiased and fair to all celebrations.
- When an Award has been made, all parties have 14 days to appeal to a County Court versus the Award.
As soon as you have agreement.
When you have agreement, all work must comply with the notice. All the contracts ought to be maintained to make sure that a record of the granted permission is kept; a subsequent buyer of the residential or commercial property might wish to develop that the work was carried out in accordance with the Party Wall Act requirements.
- We have actually just provided a short overview of the Party Wall Act here as it impacts garden work however have a look at the Neighborhoods and City government site for a more detailed explanatory pamphlet including example letters for notifications and actions.
- Going over intended work with neighbours is complimentary and can prevent misconception which may develop if a notification arrives suddenly.
- Your local Building Control Workplace may have the ability to offer complimentary suggestions concerning the Party Wall Act and how it applies to specific situations.
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