Faulkners Surveyors provide a variety of structure surveying services specialising in Party Wall Solutions.
We pride ourselves on our flexibility and individual involvement towards our customers requirements. Faulkners Surveyors are an expanding group of surveyors with a wealth of experience, ability and competence. If you are trying to find a professional yet versatile technique to all your residential or commercial property matters then call Faulkners Surveyors for a helpful chat.
Our surveyors are controlled by the Faculty of Party Wall Surveyors and carry professional indemnity insurance coverage to cover their work.
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 effects the garden
At first sight, it is easy to think that the 1996 Party Wall Act does not impact garden building and construction, nevertheless it does impact the building and construction of limit 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 offers you rights and duties 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 impact any requirement for Planning Authorization for any work undertaken. Having Preparation Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into effect if somebody is planning to do deal with a pertinent structure, for the functions of the Act ‘party wall’ does not just indicate the wall in between two semi-detached homes, 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 residential or commercial properties but is not part of any building.
- Excavation near to a neighbouring home.
For information of how the Party Wall Act affects structure operate in general, take a look at this page.
Similar to all work impacting neighbours, it is always better to reach a friendly contract instead of turn to any law. Even where the work needs a notice to be served, it is much better to informally talk about the desired work, consider the neighbours remarks, and change your strategies (if appropriate) prior to 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 an effect upon the structural strength or assistance function of the party wall or may cause damage to the neighbouring side of the wall need to be informed. If in doubt, suggestions ought to be looked for from a local Structure Control Office or professional surveyor/architect.
Work in the garden covered by the Party Wall Act consist of:
- To destroy and/or rebuild/build a party border wall.
- To increase the height or density of a party border wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go listed below the bottom of the foundations of the neighbouring structure.
- Excavations within 6 metres of a neighbouring building where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring building.
Boundary walls
If the planned work on a border wall falls under the Party Wall Act, a notification needs to be provided to all affected neighbouring celebrations. The notice needs to include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property undertaking the work.
- The address of the home.
- A complete description of the proposed work (this will generally be simply a single sentence detailing the work).
- The proposed start date for the work.
- A clear declaration that the notice 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 and so on
If the prepared work is a brand-new boundary wall approximately or astride the boundary line the process of serving a notification under the Party Wall Act is as follows:.
- The person intending to carry out the work must serve a composed notice a minimum of one months prior to the desired start of the work to every neighbouring party giving details of the work to be performed.
- Each neighbouring party needs to react in composing offering consent or registering dissent – if a neighbouring party does nothing within 14 days of getting the notice, the impact is to put the notice into conflict. Nevertheless no formal contract is required for a wall approximately the border line, the neighbour just needs not to object in composing.
- No work might start on a wall astride the boundary line up until all neighbouring celebrations have actually concurred in writing to the notice (or a modified notice).
See below concerning what occurs 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 prior to the prepared start day of the work. Neighbouring parties need to offer written arrangement within 14 days or a conflict is deemed to have actually occurred.
See below regarding what occurs in case of a dispute/objection.
If a dispute emerges, what occurs.
If contract can not be reached in between neighbouring parties, the procedure is as follows:.
- A Surveyor or Surveyors is/are designated to identify a fair and unbiased Award, either:.
- A single ‘Concurred Property surveyor’ (somebody appropriate to all celebrations).
or. - Each party designates their own Property surveyor to represent the specific 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 Property surveyor unnecessarily – in the viewpoint of the Property surveyor. It must be noted that any Surveyor needs to act within their statutory responsibilities and propose a reasonable and objective Award.
- A single ‘Concurred Property surveyor’ (somebody appropriate to all celebrations).
- The Agreed Property surveyor, or the private Surveyors jointly, will produce an Award which should be fair and neutral to all celebrations.
- When an Award has actually been made, all parties have 2 week to interest a County Court versus the Award.
Once you have arrangement.
All work should comply with the notice once you have contract. All the arrangements need to be maintained to guarantee that a record of the granted permission is kept; a subsequent purchaser of the property may want to establish that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just given a quick overview of the Party Wall Act here as it impacts garden work but have a look at the Neighborhoods and Local Government website for a more comprehensive explanatory booklet including example letters for notifications and actions.
- If a notice shows up unexpectedly, discussing intended work with neighbours is complimentary and can avoid misunderstanding which might develop.
- Your local Structure Control Office may be able to give totally free suggestions concerning the Party Wall Act and how it applies to specific scenarios.
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