We pride ourselves on our flexibility and personal involvement towards our customers requirements. Faulkners Surveyors are a broadening team of property surveyors with a wealth of experience, ability and proficiency. Then call Faulkners Surveyors for a helpful chat, if you are looking for a professional yet versatile technique to all your home matters.
Our surveyors are managed by the Faculty of Party Wall Surveyors and carry expert indemnity insurance coverage 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 easy to believe that the 1996 Party Wall Act does not impact garden building and construction, nevertheless it does impact the construction of border walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and provides you rights and duties whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on an appropriate 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 Preparation Consent for any work carried out. Having Preparation Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into effect if someone is planning to do deal with 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 boundary line (or butts up against it) and is utilized to separate the properties however is not part of any building.
- Excavation close to a neighbouring home.
For information of how the Party Wall Act impacts building work in basic, have a look at this page.
Similar to all work affecting neighbours, it is always better to reach a friendly arrangement rather than resort to any law. Even where the work requires a notification to be served, it is better to informally talk about the intended work, think about the neighbours remarks, and modify your plans (if proper) before serving the notice.
What garden work requires a notice and consent.
The general principle 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 need to be alerted. If in doubt, guidance ought to be sought from a regional Building Control Office or professional surveyor/architect.
Work in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or demolish border 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 building.
- Excavations within 6 metres of a neighbouring structure where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring structure.
If the prepared work on a limit wall falls under the Party Wall Act, a notice must be provided to all impacted neighbouring parties. The notification needs to 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 home.
- A complete description of the proposed work (this will normally be simply a single sentence outlining the work).
- The proposed start date for the work.
- A clear statement 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 revealing the depth, position etc
If the planned work is a new limit wall approximately or astride the limit line the process of serving a notification under the Party Wall Act is as follows:.
- The person planning to perform the work needs to serve a composed notice at least one months before the intended 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 signing up dissent – if a neighbouring party not does anything within 14 days of receiving the notice, the result is to put the notice into disagreement. However no formal arrangement is needed for a wall approximately the boundary line, the neighbour simply requires not to object in composing.
- No work might start on a wall astride the border line until all neighbouring celebrations have concurred in writing to the notification (or a revised notice).
See listed below regarding what happens in case of a dispute/objection.
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 should provide written arrangement within 2 week or a conflict is considered to have taken place.
See listed below concerning what occurs in case of a dispute/objection.
If a dispute develops, what takes place.
If contract can not be reached in between neighbouring celebrations, the procedure is as follows:.
- A Surveyor or Surveyors is/are selected to figure out a fair and neutral Award, either:.
- A single ‘Agreed Surveyor’ (someone appropriate to all celebrations).
- Each party designates their own Property surveyor to represent the specific parties.
The person who is performing the work will typically have 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 needs to be kept in mind that any Property surveyor needs to act within their statutory obligations and propose a impartial and fair Award.
- A single ‘Agreed Surveyor’ (someone appropriate to all celebrations).
- The Agreed Property surveyor, or the private Surveyors jointly, will produce an Award which needs to be unbiased and reasonable to all celebrations.
- When an Award has been made, all parties have 14 days to appeal to a County Court against the Award.
As soon as you have arrangement.
All work must comply with the notification when you have contract. All the agreements need to be retained to make sure that a record of the granted permission is kept; a subsequent purchaser of the home might want to develop that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve only given a quick outline of the Party Wall Act here as it affects garden work but have a look at the Neighborhoods and City government site for a more comprehensive explanatory booklet consisting of example letters for actions and notifications.
- If a notice shows up unexpectedly, talking about desired work with neighbours is complimentary and can prevent misconception which may occur.
- Your local Structure Control Office might have the ability to give free suggestions concerning the Party Wall Act and how it applies to specific circumstances.
Around the Web