Faulkners Surveyors (Party Wall) was developed in 2010 and has grown rapidly over the past decade as a professional company offering expert and devoted services. Our team are devoted to offering a quality service for sensible and transparent expenses.
Our objective is to make the process as smooth and simplified as possible by taking all matters forward progressive and in line with the Act. We aim to keep all celebrations as much as date with the procedure and provide guarantee and convenience in the knowledge that certified professionals in Party Wall Matters have been appointed. The assurance that our surveyors are members of the Professors of Party Wall Surveyors which the firm is an identified RICS company offers a network of security and benefiting factors of the support and support of governing bodies.
The director of Faulkners Surveyors (Party Wall) is likewise a chair for the Northern Home Counties location of the Professors of Faulkners Surveyors (Party Wall) whom supplies regular meets to guarantee all regional property surveyors have access to continuous support and training. This makes sure that we depend on date with appropriate and current case Law in addition to general practices and working policies.
Faulkners Surveyors (Party Wall) is therefore not only acknowledged for its professional group and affordable services by clients but likewise 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 easy to think that the 1996 Party Wall Act does not affect garden construction, however it does affect the construction of border walls even if not part of buildings and can likewise applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and provides you rights and obligations whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with an appropriate 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 Consent for any work undertaken. Having Planning Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into effect if someone is planning to do work on a relevant structure, for the purposes of the Act ‘party wall’ does not simply imply the wall in between 2 semi-detached properties, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is used to separate the homes however is not part of any structure.
- Excavation close to a neighbouring property.
For details of how the Party Wall Act impacts structure operate in basic, have a look at this page.
Just like all work impacting neighbours, it is constantly better to reach a friendly agreement rather than resort to any law. Even where the work requires a notice to be served, it is much better to informally discuss the desired work, consider the neighbours comments, and change your strategies (if appropriate) prior to serving the notification.
What garden work needs a notification and permission.
The general principle of the Party Wall Act is that all work which may have a result upon the structural strength or support function of the party wall or may cause damage to the neighbouring side of the wall should be notified. If in doubt, suggestions should be looked for from a regional Structure Control Workplace or expert surveyor/architect.
Work in the garden covered by the Party Wall Act consist of:
- To demolish and/or rebuild/build a party boundary wall.
- To increase the height or thickness of a party limit wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go listed below the bottom of the foundations 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 foundations of the neighbouring building.
If the prepared work on a border wall falls under the Party Wall Act, a notice needs to be provided to all affected neighbouring parties. The notification should consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the home carrying out the work.
- The address of the property.
- A full description of the proposed work (this will typically be just a single sentence laying out 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 and so on
If the prepared work is a brand-new limit wall approximately or astride the border line the process of serving a notification under the Party Wall Act is as follows:.
- The individual planning to perform the work must serve a composed notice a minimum of one months prior to the designated start of the work to every neighbouring party offering details of the work to be performed.
- Each neighbouring party needs to react in writing giving permission or registering dissent – if a neighbouring party not does anything within 2 week of getting the notice, the effect is to put the notification into dispute. No formal agreement is required for a wall up to the border line, the neighbour simply requires not to object in writing.
- No work may begin on a wall astride the border line till all neighbouring celebrations have actually concurred in writing to the notice (or a revised notice).
See below regarding what takes place in the event of a dispute/objection.
If the prepared 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 parties must give written contract within 2 week or a conflict is considered to have taken place.
See listed below concerning what takes place in the event of a dispute/objection.
If a dispute develops, what happens.
If arrangement can not be reached between neighbouring celebrations, the procedure is as follows:.
- A Surveyor or Surveyors is/are selected to identify a fair and objective Award, either:.
- A single ‘Agreed Surveyor’ (somebody appropriate to all celebrations).
- Each party appoints their own Property surveyor to represent the private parties.
The individual who is performing the work will generally have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the viewpoint of the Surveyor. However it must be noted that any Surveyor needs to act within their statutory duties and propose a fair and neutral Award.
- A single ‘Agreed Surveyor’ (somebody appropriate to all celebrations).
- The Agreed Surveyor, or the individual Surveyors collectively, will produce an Award which needs to be neutral and reasonable to all celebrations.
- When an Award has been made, all celebrations have 2 week to attract a County Court against the Award.
When you have contract.
All work needs to comply with the notification as soon as you have agreement. All the arrangements ought to be kept to make sure that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property might wish to develop that the work was carried out in accordance with the Party Wall Act requirements.
- We’ve just provided a brief summary of the Party Wall Act here as it impacts garden work but take a look at the Neighborhoods and City government site for a more thorough explanatory pamphlet including example letters for actions and notices.
- Talking about intended work with neighbours is free and can avoid misconception which might emerge if a notice arrives suddenly.
- Your local Structure Control Office may be able to give free suggestions relating to the Party Wall Act and how it applies to particular situations.
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