Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element required to recommend upon and resolve Party Wall concerns, such as:

  • Preparing and serving valid Party Wall Notices
  • Acting as the Structure Owners Party Wall Property Surveyor
  • Acting as the Adjoining Owners Party Wall Surveyor
  • Acting as the Agreed Party Wall Property Surveyor
  • Carrying out and preparing Schedules of Condition
  • Preparation and settlement of Party Wall Awards

All our Party Wall Surveyors are specialists and work in accordance with the regulations set down by the Professors of Party Wall Surveyors.

The Party Wall Act etc. 1996 is law, failure to adhere to this legislation may lead to works being unlawful.

Party Wall (WikiPedia)

Commonly, the contractor lays the wall along a home line separating two terraced houses, so that one half of the wall surface’s thickness lies on each side. This type of wall surface is usually structural. Party walls can additionally be created by 2 abutting wall surfaces constructed at various times.

party wall

The Party Wall Act 1996

as it impacts the garden

At first sight, it is simple to believe that the 1996 Party Wall Act does not affect garden construction, however it does affect the building and construction of border walls even if not part of buildings and can likewise applies to deep excavations.

The Party Wall Act 1996 entered 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 Authorization for any work undertaken. Having Preparation Permission does not negate the requirements under the Party Wall Act.

The Party Wall Act enters result if someone is preparing to do deal with an appropriate structure, for the functions of the Act ‘party wall’ does not just mean the wall between two semi-detached homes, as far as gardeners are worried it covers:

For details of how the Party Wall Act impacts structure work in general, have a look at this page.

Similar to all work impacting neighbours, it is always much better to reach a friendly agreement instead of turn to any law. Even where the work requires a notification to be served, it is better to informally discuss the intended work, think about the neighbours comments, and modify your plans (if appropriate) before serving the notification.

What garden work requires a notice and authorization.

The general concept 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 cause damage to the neighbouring side of the wall must be alerted. Guidance must be looked for from a regional Structure Control Office or professional surveyor/architect if in doubt.

Operate in the garden covered by the Party Wall Act include:

Boundary walls

If the prepared deal with a border wall falls under the Party Wall Act, a notification must be issued to all affected neighbouring celebrations. The notice must consist of (see sample letters in Part 5 of the Party Wall leaflet):.

If the planned work is a new limit wall up to or astride the limit line the process of serving a notice under the Party Wall Act is as follows:.

See listed below regarding what happens in the event of a dispute/objection.

Excavations.

If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served at least one month prior to the planned start day of the work. Neighbouring parties must give written arrangement within 2 week or a disagreement is considered to have actually occurred.

See listed below regarding what happens in the event of a dispute/objection.

If a dispute occurs, what occurs.

If agreement can not be reached between neighbouring parties, the process is as follows:.

As soon as you have contract.

All work should comply with the notice as soon as you have agreement. All the arrangements ought to be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the property may wish to establish that the work was performed in accordance with the Party Wall Act requirements.

Remember:

Related Articles

Around the Web