Faulkners Surveyors provide a range of building surveying services specialising in Party Wall Services.
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Our surveyors are regulated by the Professors of Party Wall Surveyors and bring professional indemnity insurance 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 simple to think that the 1996 Party Wall Act does not affect garden building, however it does affect the construction of limit walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 entered force in 1997, so it is now law and provides 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 border fences.
The Party Wall Act does not affect any requirement for Preparation Approval for any work carried out. Similarly, having Preparation Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into impact if somebody is preparing to do deal with a relevant 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 concerned it covers:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is used to separate the properties but is not part of any building.
- Excavation near to a neighbouring home.
For information of how the Party Wall Act affects building operate in basic, take a look at this page.
As with all work affecting neighbours, it is always better to reach a friendly arrangement instead of turn to any law. Even where the work requires a notification to be served, it is much better to informally go over the designated work, consider the neighbours remarks, and change your strategies (if suitable) before serving the notification.
What garden work needs a notification and consent.
The general principle of the Party Wall Act is that all work which might have an impact upon the structural strength or support function of the party wall or may trigger damage to the neighbouring side of the wall should be alerted. If in doubt, suggestions must be sought from a regional Building Control Workplace or professional surveyor/architect.
Work in the garden covered by the Party Wall Act consist of:
- To demolish and/or rebuild/build a party limit 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 listed below the bottom of the structures of the neighbouring structure.
- Excavations within 6 metres of a neighbouring structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring structure.
Boundary walls
A notice should be issued to all affected neighbouring parties if the prepared work on a limit wall falls under the Party Wall Act. The notice needs to consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the home undertaking the work.
- The address of the home.
- A complete description of the proposed work (this will generally 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 notification is being served.
- If the work involves excavations, a drawing showing the depth, position etc
If the prepared work is a brand-new limit wall up to or astride the boundary line the process of serving a notification under the Party Wall Act is as follows:.
- The individual planning to carry out the work needs to serve a written notice 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 composing providing authorization or registering dissent – if a neighbouring party not does anything within 2 week of receiving the notification, the effect is to put the notification into dispute. No official arrangement is needed for a wall up to the boundary line, the neighbour simply needs not to object in writing.
- No work might begin on a wall astride the limit line until all neighbouring parties have actually concurred in writing to the notice (or a modified notice).
See below regarding what takes place in case of a dispute/objection.
Excavations.
If the prepared 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 before the planned start day of the work. Neighbouring parties must offer written arrangement within 2 week or a disagreement is considered to have actually taken place.
See listed below concerning what takes place in the event of a dispute/objection.
What takes place if a dispute arises.
If contract can not be reached in between neighbouring celebrations, the procedure is as follows:.
- A Property surveyor or Surveyors is/are selected to figure out a reasonable and unbiased Award, either:.
- A single ‘Agreed Property surveyor’ (someone acceptable to all celebrations).
or. - Each party designates their own Property surveyor to represent the individual parties.
The individual who is carrying out the work will usually need to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the viewpoint of the Surveyor. It should be kept in mind that any Property surveyor should act within their statutory duties and propose a objective and fair Award.
- A single ‘Agreed Property surveyor’ (someone acceptable to all celebrations).
- The Agreed Surveyor, or the specific Surveyors collectively, will produce an Award which should be unbiased and fair to all celebrations.
- When an Award has been made, all celebrations have 14 days to interest a County Court versus the Award.
As soon as you have arrangement.
All work must comply with the notification when you have contract. All the contracts should be maintained to ensure that a record of the granted permission is kept; a subsequent buyer of the property may want to develop that the work was performed in accordance with the Party Wall Act requirements.
Remember:
- We have actually just provided a quick overview of the Party Wall Act here as it affects garden work but take a look at the Neighborhoods and Local Government website for a more detailed explanatory pamphlet consisting of example letters for notifications and reactions.
- Going over intended work with neighbours is complimentary and can avoid misconception which may arise if a notification arrives suddenly.
- Your regional Structure Control Workplace may be able to give free guidance regarding the Party Wall Act and how it applies to specific circumstances.
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