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 etc. Act 1996 and provides the following services:
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Impartial suggestions on all Party Wall Matters
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Pre-commencement appraisals
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Preparation and service of legitimate Party Wall Notices
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Acting as Party Wall Surveyor for either Adjoining Owners or Building Owners
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Acting as the Agreed Party Wall Surveyor
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Carrying Out Schedules of Condition surveys
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Preparation and settlement of Party Wall Awards (Agreements).
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 simple to believe that the 1996 Party Wall Act does not affect garden construction, nevertheless it does affect the building of border walls even if not part of buildings and can likewise applies to deep excavations.
The Party Wall Act 1996 entered 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 a pertinent 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 Planning Consent for any work carried out. Having Planning Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into result if somebody is preparing to do work on an appropriate structure, for the functions of the Act ‘party wall’ does not simply suggest the wall between two semi-detached homes, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is utilized to separate the homes however is not part of any building.
- Excavation close to a neighbouring property.
For information of how the Party Wall Act affects building operate in basic, take a look at this page.
Similar to all work affecting neighbours, it is always much better to reach a friendly arrangement rather than resort to any law. Even where the work needs a notification to be served, it is much better to informally go over the desired work, consider the neighbours remarks, and modify your plans (if suitable) before serving the notice.
What garden work requires a notice and consent.
The basic principle of the Party Wall Act is that all work which might have a result upon the structural strength or assistance function of the party wall or may trigger damage to the neighbouring side of the wall need to be alerted. If in doubt, suggestions must be looked for from a regional Building Control Workplace or professional surveyor/architect.
Operate in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or destroy boundary wall.
- To increase the height or density of a party limit wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the foundations of the neighbouring building.
- Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring building.
Boundary walls
A notification must be released to all impacted neighbouring parties if the prepared work on a border wall falls under the Party Wall Act. The notification must consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the property carrying out the work.
- The address of the property.
- A full description of the proposed work (this will typically be just a single sentence outlining 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 notification is being served.
- If the work includes excavations, a drawing revealing the depth, position etc
If the planned work is a brand-new limit wall approximately or astride the limit line the procedure of serving a notice under the Party Wall Act is as follows:.
- The individual meaning to perform the work should serve a written notice at least one months prior to the intended start of the work to every neighbouring party offering information of the work to be performed.
- Each neighbouring party must react in writing offering authorization or signing up dissent – if a neighbouring party does nothing within 14 days of getting the notification, the effect is to put the notification into disagreement. Nevertheless no formal contract is required for a wall up to the border line, the neighbour just requires not to object in composing.
- No work might start on a wall astride the limit line until all neighbouring parties have concurred in writing to the notification (or a modified notification).
See listed below regarding what takes place in the event of a dispute/objection.
Excavations.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notification requires to be served a minimum of one month before the prepared start day of the work. Neighbouring parties must give written agreement within 14 days or a conflict is deemed to have happened.
See listed below concerning what takes place in the event of a dispute/objection.
If a disagreement occurs, what takes place.
If agreement can not be reached in between neighbouring celebrations, the procedure is as follows:.
- A Surveyor or Surveyors is/are selected to identify a neutral and fair Award, either:.
- A single ‘Agreed Property surveyor’ (somebody appropriate to all celebrations).
or. - Each party designates their own Property surveyor to represent the individual celebrations.
The individual who is performing the work will typically have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the opinion of the Surveyor. It should be kept in mind that any Surveyor should act within their statutory obligations and propose a unbiased and reasonable Award.
- A single ‘Agreed Property surveyor’ (somebody appropriate to all celebrations).
- The Agreed Surveyor, or the private Surveyors collectively, will produce an Award which should be impartial and fair to all parties.
- When an Award has been made, all parties have 14 days to appeal to a County Court versus the Award.
When you have agreement.
As soon as you have arrangement, all work should adhere to the notice. All the agreements need to be kept to make sure that a record of the granted permission is kept; a subsequent purchaser of the property might wish to establish that the work was carried out in accordance with the Party Wall Act requirements.
Remember:
- We’ve only given a brief outline of the Party Wall Act here as it impacts garden work however take a look at the Neighborhoods and City government site for a more detailed explanatory brochure consisting of example letters for notifications and responses.
- Discussing desired deal with neighbours is totally free and can avoid misunderstanding which might emerge if a notification gets here all of a sudden.
- Your local Building Control Workplace might have the ability to give complimentary recommendations concerning the Party Wall Act and how it applies to specific circumstances.
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