Faulkners Surveyors (Party Wall) was established in 2010 and has actually grown rapidly over the past years as a specialist firm providing expert and dedicated services. Our group are dedicated to supplying a quality service for transparent and sensible costs.
Our aim is to make the process as smooth and simplified as possible by taking all matters forward progressive and in line with the Act. We intend to keep all parties approximately date with the process and supply guarantee and convenience in the understanding that qualified specialists in Party Wall Matters have been selected. The guarantee that our property surveyors are members of the Professors of Party Wall Surveyors and that the company is an acknowledged RICS firm provides a network of security and benefiting elements of the support and backing of governing bodies.
The director of Faulkners Surveyors (Party Wall) is also a chair for the Northern Home Counties location of the Faculty of Faulkners Surveyors (Party Wall) whom provides regular meets to make sure all regional surveyors have access to continuous support and training. This ensures that we are up to date with recent and appropriate case Law along with basic practices and working policies.
Faulkners Surveyors (Party Wall) is therefore not just identified for its professional team and budget friendly services by consumers however also by and within the network of Party Wall Surveyors both in your area and nationally.
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 impacts the garden
At first sight, it is simple to think that the 1996 Party Wall Act does not affect garden building and construction, 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 entered 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 a pertinent structure or if your neighbour is.
The Party Wall Act does not apply to boundary fences.
The Party Wall Act does not impact any requirement for Planning Approval for any work carried out. Likewise, having Preparation Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into impact if somebody is preparing 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 gardeners 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 however is not part of any structure.
- Excavation near to a neighbouring home.
For details of how the Party Wall Act affects structure work in general, have a look at this page.
As with all work impacting neighbours, it is always much better to reach a friendly contract rather than resort to any law. Even where the work requires a notification to be served, it is better to informally talk about the desired work, consider the neighbours comments, and modify your plans (if proper) before serving the notification.
What garden work requires a notification and approval.
The basic concept 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 might trigger damage to the neighbouring side of the wall must be notified. If in doubt, guidance needs to be looked for from a regional Structure Control Office or expert surveyor/architect.
Work in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or demolish border wall.
- To increase the height or thickness of a party limit wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go listed below the bottom of the structures of the neighbouring building.
- Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring structure.
A notice should be issued to all impacted neighbouring celebrations if the planned work on a limit wall falls under the Party Wall Act. The notification must include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the home carrying out the work.
- The address of the residential or commercial property.
- A full description of the proposed work (this will normally be just a single sentence outlining the work).
- The proposed start date for the work.
- A clear declaration that the notification 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 prepared work is a new border wall up to or astride the boundary line the process of serving a notification under the Party Wall Act is as follows:.
- The individual intending to perform the work needs to serve a written notice at least one months before the intended start of the work to every neighbouring party providing details of the work to be carried out.
- Each neighbouring party should respond in composing offering consent or signing up dissent – if a neighbouring party not does anything within 14 days of receiving the notification, the effect is to put the notice into disagreement. Nevertheless no official agreement is required for a wall approximately the boundary line, the neighbour just requires not to object in writing.
- No work may begin on a wall astride the boundary line till all neighbouring celebrations have actually concurred in writing to the notification (or a revised notice).
See listed below regarding what occurs in case of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice requires to be served a minimum of one month before the prepared start day of the work. Neighbouring celebrations need to give written agreement within 14 days or a conflict is deemed to have actually occurred.
See listed below regarding what takes place in the event of a dispute/objection.
What occurs if a dispute emerges.
If agreement can not be reached in between neighbouring parties, the procedure is as follows:.
- A Surveyor or Surveyors is/are appointed to identify a fair and impartial Award, either:.
- A single ‘Concurred Surveyor’ (someone appropriate to all celebrations).
- Each party selects their own Property surveyor to represent the private celebrations.
The individual who is carrying out the work will typically have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the opinion of the Surveyor. It must be noted that any Surveyor needs to act within their statutory duties and propose a impartial and fair Award.
- A single ‘Concurred Surveyor’ (someone appropriate to all celebrations).
- The Agreed Surveyor, or the individual Surveyors collectively, will produce an Award which should be unbiased and reasonable to all celebrations.
- As soon as an Award has been made, all celebrations have 2 week to attract a County Court versus the Award.
When you have agreement.
All work should comply with the notification when you have agreement. All the arrangements need to be retained to guarantee that a record of the granted permission is kept; a subsequent buyer of the residential or commercial property might want to develop that the work was carried out in accordance with the Party Wall Act requirements.
- We have actually only offered a short overview of the Party Wall Act here as it affects garden work but have a look at the Communities and Local Government site for a more thorough explanatory booklet including example letters for reactions and notices.
- Going over designated deal with neighbours is free and can avoid misconception which might develop if a notification arrives all of a sudden.
- Your local Building Control Workplace may have the ability to give free guidance relating to the Party Wall Act and how it applies to particular scenarios.
Around the Web