The Faulkners Surveyors is an expert Chartered Building Surveying Practice that runs throughout UK. The Faulkners Surveyors carries out all aspects of the Party Wall etc. Act 1996 and supplies the following services:
Impartial guidance on all Party Wall Matters
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjacent Owners or Structure Owners
Acting as the Agreed Party Wall Surveyor
Carrying Out Schedules of Condition studies
Preparation and negotiation of Party Wall Awards (Arrangements).
Party Wall (WikiPedia)
A party wall (sometimes parti-wall or parting wall, also called common wall or as a demising wall) is a separating partition in between 2 adjoining buildings that is shared by the occupants of each house or business. Normally, the contractor lays the wall surface along a residential or commercial property line separating 2 terraced homes, to make sure that one fifty percent of the wall surface’s density exists on each side. This kind of wall surface is usually architectural. Event walls can additionally be created by two abutting walls built at various times. The term can be additionally used to describe a division between separate units within a multi-unit house complicated. Extremely often the wall surface in this instance is non-structural yet made to satisfy well established criteria for audio and/or fire defense, i.e. a firewall program.
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, however it does affect the building of boundary 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 obligations whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on 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 Planning Approval for any work undertaken. Having Preparation Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if someone is planning to do work on a relevant structure, for the purposes of the Act ‘party wall’ does not just imply the wall in between two semi-detached residential or commercial properties, as far as garden enthusiasts are concerned it covers:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is utilized to separate the properties but is not part of any structure.
- Excavation near to a neighbouring home.
For information of how the Party Wall Act impacts building work in general, have a look at this page.
Just like all work affecting neighbours, it is constantly better to reach a friendly agreement rather than resort to any law. Even where the work requires a notification to be served, it is better to informally discuss the designated work, think about the neighbours comments, and change your strategies (if suitable) prior to serving the notification.
What garden work requires a notification and approval.
The general principle of the Party Wall Act is that all work which may have an impact upon the structural strength or support function of the party wall or might cause damage to the neighbouring side of the wall should be alerted. Suggestions needs to be looked for from a regional Building Control Workplace or professional surveyor/architect if in doubt.
Operate 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 thickness of a party boundary wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go below the bottom of the structures of the neighbouring building.
- 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.
If the prepared deal with a limit wall falls under the Party Wall Act, a notice should be issued to all impacted neighbouring celebrations. The notification should consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the residential or commercial property undertaking the work.
- The address of the property.
- A full description of the proposed work (this will usually be just a single sentence outlining the work).
- The proposed start date for the work.
- A clear statement that the notice is being served under The Party Wall etc Act 1996.
- The date the notice is being served.
- If the work includes excavations, a drawing showing the depth, position and so on
If the prepared work is a new boundary wall up to or astride the boundary line the process of serving a notice under the Party Wall Act is as follows:.
- The individual meaning to carry out the work must serve a composed notification at least one months prior to the desired start of the work to every neighbouring party providing details of the work to be carried out.
- Each neighbouring party must respond in writing providing authorization or signing up dissent – if a neighbouring party not does anything within 14 days of getting the notification, the result is to put the notice into conflict. No official contract is needed for a wall up to the limit line, the neighbour just requires not to object in writing.
- No work might start on a wall astride the boundary line till all neighbouring celebrations have agreed in writing to the notification (or a revised notification).
See below concerning what takes place in the event of a dispute/objection.
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 prior to the prepared start day of the work. Neighbouring celebrations must provide written arrangement within 14 days or a disagreement is considered to have happened.
See listed below concerning what occurs in the event of a dispute/objection.
What happens if a disagreement emerges.
If arrangement can not be reached in between neighbouring celebrations, the process is as follows:.
- A Surveyor or Surveyors is/are selected to identify a reasonable and impartial Award, either:.
- A single ‘Agreed Property surveyor’ (someone appropriate to all celebrations).
- Each party selects their own Surveyor to represent the specific parties.
The person who is carrying out the work will usually have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the opinion of the Property surveyor. It ought to be noted that any Surveyor needs to act within their statutory duties and propose a reasonable and impartial Award.
- A single ‘Agreed Property surveyor’ (someone appropriate to all celebrations).
- The Agreed Property surveyor, or the private Surveyors jointly, will produce an Award which must be objective and fair to all parties.
- When an Award has actually been made, all parties have 2 week to interest a County Court versus the Award.
When you have arrangement.
All work should comply with the notice once you have contract. All the arrangements should be maintained to make sure that a record of the granted permission is kept; a subsequent purchaser of the property might wish to develop that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve just given a quick outline of the Party Wall Act here as it impacts garden work but have a look at the Communities and City government website for a more detailed explanatory booklet consisting of example letters for reactions and notices.
- Discussing desired work with neighbours is totally free and can prevent misconception which may occur if a notification gets here all of a sudden.
- Your local Building Control Office might be able to provide totally free recommendations concerning the Party Wall Act and how it applies to particular situations.
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