We are Party Wall Surveyors specialising in party wall concerns in UK. We have over twenty five years experience of operating in UK, acting for professionals, services, as well as for people.
Each quick is unique, and our dedicated team of party wall property surveyors is experienced in handling all manner of concerns relating to party walls. We are proud to use a bespoke service to match the varying needs of our clients.
This site is designed to provide standard information as well as offering you the opportunity to call us straight with your problems and requirements, thus allowing our professional Party Wall Surveyors to recommend you appropriately.
The existing legislation dealing with party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or structures (including stacked structures).
Our group of Faulkners Surveyors Party Wall Surveyors supplies a distinct specific niche service, which allows you to have the very best quality service at competitively priced charges.
To find out more contact one of our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
The Party Wall Act 1996
as it effects the garden
At first sight, it is simple to think that the 1996 Party Wall Act does not impact garden construction, nevertheless it does affect the building of boundary walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and offers 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 boundary fences.
The Party Wall Act does not affect any requirement for Planning Consent for any work undertaken. Similarly, having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into effect if someone is preparing to do work on a relevant structure, for the purposes of the Act ‘party wall’ does not simply suggest the wall between two semi-detached properties, as far as gardeners are concerned it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is utilized to separate the residential or commercial properties but is not part of any structure.
- Excavation close to a neighbouring property.
For information of how the Party Wall Act impacts building operate in basic, take a look at this page.
As with all work affecting neighbours, it is always much better to reach a friendly arrangement instead of resort to any law. Even where the work needs a notice to be served, it is much better to informally discuss the intended work, think about the neighbours comments, and change your plans (if appropriate) before serving the notice.
What garden work requires a notification and approval.
The basic concept 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 may cause damage to the neighbouring side of the wall should be alerted. Guidance must be looked for from a local Structure Control Workplace or professional surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or demolish boundary wall.
- To increase the height or density of a party limit wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go below the bottom of the foundations of the neighbouring structure.
- Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring structure.
If the prepared deal with a limit wall falls under the Party Wall Act, a notice needs to be issued to all impacted neighbouring celebrations. The notification needs to include (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the home carrying out the work.
- The address of the property.
- A complete description of the proposed work (this will usually be simply a single sentence laying out 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 revealing the depth, position etc
If the planned work is a brand-new border wall as much as or astride the boundary line the procedure of serving a notice under the Party Wall Act is as follows:.
- The person meaning to carry out the work should serve a composed notification at least one months before the intended start of the work to every neighbouring party giving information of the work to be carried out.
- Each neighbouring party needs to react in writing providing authorization or signing up dissent – if a neighbouring party not does anything within 2 week of getting the notification, the impact is to put the notification into disagreement. No formal contract is required for a wall up to the border line, the neighbour simply needs not to object in composing.
- No work may start on a wall astride the limit line till all neighbouring celebrations have actually agreed in writing to the notice (or a revised notification).
See listed 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 notification requires to be served at least one month before the planned start day of the work. Neighbouring celebrations need to offer written contract within 14 days or a dispute is deemed to have actually taken place.
See below regarding what occurs in case of a dispute/objection.
What occurs if a disagreement emerges.
If contract can not be reached in between neighbouring celebrations, the procedure is as follows:.
- A Surveyor or Surveyors is/are selected to identify a objective and fair Award, either:.
- A single ‘Concurred Surveyor’ (someone acceptable to all parties).
- Each party selects their own Surveyor to represent the individual celebrations.
The person who is carrying out the work will typically have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the viewpoint of the Surveyor. It ought to be noted that any Property surveyor needs to act within their statutory obligations and propose a reasonable and unbiased Award.
- A single ‘Concurred Surveyor’ (someone acceptable to all parties).
- The Agreed Surveyor, or the private Surveyors collectively, will produce an Award which needs to be reasonable and unbiased to all parties.
- Once an Award has actually been made, all celebrations have 2 week to interest a County Court against the Award.
Once you have agreement.
Once you have arrangement, all work needs to comply with the notice. All the contracts need to be kept to ensure that a record of the granted permission is kept; a subsequent purchaser of the property might want to establish that the work was performed in accordance with the Party Wall Act requirements.
- We’ve just provided a short overview of the Party Wall Act here as it impacts garden work but take a look at the Communities and City government site for a more comprehensive explanatory pamphlet consisting of example letters for notices and actions.
- Discussing designated work with neighbours is complimentary and can avoid misunderstanding which may emerge if a notification arrives unexpectedly.
- Your regional Structure Control Office may be able to offer totally free advice relating to the Party Wall Act and how it applies to specific circumstances.
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