The Faulkners Surveyors is an expert Chartered Structure Surveying Practice that runs throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall etc. Act 1996 and provides the following services:

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.

party wall

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 affect garden building and construction, nevertheless it does impact the 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 gives you rights and obligations 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 border fences.

The Party Wall Act does not affect any requirement for Preparation Approval for any work carried out. Also, having Planning Permission does not negate the requirements under the Party Wall Act.

The Party Wall Act enters into effect if somebody is planning to do work on an appropriate structure, for the purposes of the Act ‘party wall’ does not just imply the wall between two semi-detached properties, as far as garden enthusiasts are concerned it covers:

For information of how the Party Wall Act affects structure operate in general, take a look at this page.

As with all work affecting neighbours, it is always much better to reach a friendly agreement rather than resort to any law. Even where the work needs a notice to be served, it is better to informally discuss the desired work, consider the neighbours comments, and modify your strategies (if appropriate) before serving the notification.

What garden work needs a notice and approval.

The basic principle of the Party Wall Act is that all work which might have an effect upon the structural strength or support function of the party wall or might trigger damage to the neighbouring side of the wall need to be notified. If in doubt, recommendations must be looked for from a local Structure Control Workplace or expert surveyor/architect.

Operate in the garden covered by the Party Wall Act include:

Boundary walls

A notification must be provided to all impacted neighbouring celebrations if the planned work on a boundary wall falls under the Party Wall Act. The notice must include (see sample letters in Part 5 of the Party Wall brochure):.

If the prepared work is a brand-new limit wall approximately or astride the boundary line the procedure of serving a notice under the Party Wall Act is as follows:.

See listed below regarding what happens in case of a dispute/objection.

Excavations.

If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notification needs to be served a minimum of one month prior to the prepared start day of the work. Neighbouring celebrations should offer written arrangement within 2 week or a conflict is deemed to have actually happened.

See listed below regarding what takes place in case of a dispute/objection.

What happens if a conflict develops.

If agreement can not be reached in between neighbouring parties, the process is as follows:.

As soon as you have contract.

All work needs to comply with the notice when you have agreement. All the arrangements ought to be kept to guarantee that a record of the granted permission is kept; a subsequent buyer of the residential or commercial property might wish to establish that the work was performed in accordance with the Party Wall Act requirements.

Remember:

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