Faulkners Surveyors is an independent firm of structure property surveyors that specialise in the
Party Wall etc. Act 1996 acting for Structure Owners, Adjoining Owners and as the Agreed Property Surveyor throughout London and the Home Counties.
Party Wall (WikiPedia)
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 building, nevertheless it does impact the building and construction of boundary 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 gives you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with an appropriate structure or if your neighbour is.
The Party Wall Act does not apply to border fences.
The Party Wall Act does not affect any requirement for Preparation Approval for any work undertaken. Also, having Planning Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into impact if someone is preparing to do deal with an appropriate structure, for the functions of the Act ‘party wall’ does not just suggest the wall in between 2 semi-detached properties, as far as garden enthusiasts are concerned it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is used to separate the residential or commercial properties however is not part of any building.
- Excavation near to a neighbouring property.
For information of how the Party Wall Act impacts structure operate in basic, take a look at this page.
As with all work affecting neighbours, it is always much better to reach a friendly contract instead of resort to any law. Even where the work requires a notice to be served, it is better to informally discuss the desired work, think about the neighbours comments, and change your strategies (if proper) prior to serving the notification.
What garden work needs a notification and permission.
The general 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 may trigger damage to the neighbouring side of the wall must be notified. If in doubt, suggestions ought to be looked for from a local Building Control Office or expert surveyor/architect.
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 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 structure where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
Boundary walls
A notification should be released to all affected neighbouring parties if the prepared work on a limit 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 generally be simply a single sentence outlining 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 and so on
If the prepared work is a brand-new boundary wall approximately or astride the border line the process of serving a notification under the Party Wall Act is as follows:.
- The person planning to perform the work needs to serve a composed notice a minimum of one months prior to the desired start of the work to every neighbouring party offering information of the work to be performed.
- Each neighbouring party must react in composing giving authorization or signing up dissent – if a neighbouring party not does anything within 14 days of receiving the notice, the effect is to put the notification into dispute. No official arrangement is needed for a wall up to the limit line, the neighbour simply needs not to object in writing.
- No work may begin on a wall astride the border line up until all neighbouring parties have actually concurred in writing to the notice (or a revised notice).
See listed below concerning what takes place in the event of a dispute/objection.
Excavations.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served at least one month before the planned start day of the work. Neighbouring celebrations must offer written contract within 2 week or a disagreement is deemed to have actually occurred.
See below regarding what happens in case of a dispute/objection.
What occurs if a conflict emerges.
If arrangement can not be reached in between neighbouring celebrations, the procedure is as follows:.
- A Property surveyor or Surveyors is/are designated to figure out a reasonable and objective Award, either:.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
or. - Each party appoints their own Property surveyor to represent the individual parties.
The person 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 needlessly – in the viewpoint of the Property surveyor. It needs to be kept in mind that any Surveyor should act within their statutory duties and propose a impartial and reasonable Award.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- The Agreed Property surveyor, or the specific Surveyors jointly, will produce an Award which must be reasonable and neutral to all celebrations.
- Once an Award has actually been made, all parties have 14 days to interest a County Court against the Award.
As soon as you have arrangement.
All work should comply with the notice as soon as you have contract. All the agreements ought to be maintained to ensure that a record of the granted permission is kept; a subsequent buyer of the property may wish to establish that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just provided a short outline of the Party Wall Act here as it affects garden work but have a look at the Neighborhoods and Local Government site for a more detailed explanatory pamphlet including example letters for reactions and notifications.
- Discussing intended deal with neighbours is totally free and can avoid misconception which might arise if a notification gets here unexpectedly.
- Your regional Building Control Office might have the ability to give totally free advice regarding the Party Wall Act and how it applies to particular situations.
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