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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 believe that the 1996 Party Wall Act does not impact garden building, nevertheless it does impact the building of boundary walls even if not part of structures and can likewise 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 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 impact any requirement for Planning Consent for any work undertaken. Also, having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into result if someone is planning to do deal with a pertinent structure, for the functions of the Act ‘party wall’ does not just imply the wall 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 however is not part of any structure.
- Excavation close to a neighbouring home.
For details of how the Party Wall Act impacts structure work in basic, have a look at this page.
Just like all work impacting neighbours, it is constantly much better to reach a friendly arrangement rather than turn to any law. Even where the work needs a notification to be served, it is much better to informally talk about the intended work, think about the neighbours remarks, and change your strategies (if suitable) before serving the notification.
What garden work requires a notice and authorization.
The basic principle of the Party Wall Act is that all work which might have an impact upon the structural strength or assistance function of the party wall or may trigger damage to the neighbouring side of the wall should be informed. Advice must be sought from a regional Building Control Office 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 destroy border 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 below the bottom of the foundations of the neighbouring building.
- Excavations within 6 metres of a neighbouring structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
Boundary walls
If the planned work on a boundary wall falls under the Party Wall Act, a notice should be released to all impacted neighbouring parties. The notice 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 complete description of the proposed work (this will usually be simply a single sentence describing 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 notification is being served.
- If the work involves excavations, a drawing showing the depth, position and so on
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 meaning to perform the work should serve a composed notice at least one months before the desired start of the work to every neighbouring party providing information of the work to be performed.
- Each neighbouring party ought to react in composing providing approval or registering dissent – if a neighbouring party not does anything within 2 week of getting the notice, the impact is to put the notice into conflict. No official agreement is required for a wall up to the limit line, the neighbour just needs not to object in writing.
- No work may begin on a wall astride the limit line until all neighbouring celebrations have actually agreed in writing to the notification (or a modified notification).
See listed below regarding what takes place in the event of a dispute/objection.
Excavations.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notification requires to be served a minimum of one month prior to the planned start day of the work. Neighbouring celebrations need to give written agreement within 2 week or a conflict is considered to have actually taken place.
See listed below concerning what takes place in the event of a dispute/objection.
If a disagreement develops, what happens.
If arrangement can not be reached in between neighbouring celebrations, the process is as follows:.
- A Property surveyor or Surveyors is/are designated to determine a reasonable and objective Award, either:.
- A single ‘Agreed Property surveyor’ (somebody appropriate to all celebrations).
or. - Each party appoints their own Surveyor to represent the private parties.
The person who is carrying out the work will generally have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the viewpoint of the Surveyor. However it should be noted that any Property surveyor needs to act within their statutory obligations and propose a reasonable and neutral Award.
- A single ‘Agreed Property surveyor’ (somebody appropriate to all celebrations).
- The Agreed Property surveyor, or the specific Surveyors jointly, will produce an Award which must be unbiased and reasonable to all parties.
- Once an Award has actually been made, all celebrations have 2 week to interest a County Court versus the Award.
When you have agreement.
All work should comply with the notification once you have contract. All the contracts should be maintained to make sure that a record of the granted permission is kept; a subsequent buyer of the property may wish to establish that the work was performed in accordance with the Party Wall Act requirements.
Remember:
- We have actually just given a brief summary of the Party Wall Act here as it affects garden work however take a look at the Neighborhoods and City government site for a more detailed explanatory brochure consisting of example letters for actions and notifications.
- If a notification arrives all of a sudden, discussing desired work with neighbours is complimentary and can avoid misconception which may emerge.
- Your regional Building Control Office might be able to provide complimentary guidance regarding the Party Wall Act and how it applies to particular circumstances.
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