We are Party Wall Surveyors specialising in party wall issues in UK. We have more than twenty 5 years experience of working in UK, acting for professionals, services, as well as for people.
Each short is special, and our devoted group of party wall property surveyors is experienced in handling all manner of problems relating to party walls. We are proud to offer a bespoke service to match the varying needs of our clients.
This site is created to supply fundamental details as well as using you the opportunity to contact us directly with your problems and requirements, hence enabling our expert Party Wall Surveyors to recommend you appropriately.
The current legislation handling party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or structures (consisting of stacked structures).
Our team of Faulkners Surveyors Party Wall Surveyors supplies an unique niche service, which enables you to have the best quality service at competitively priced fees.
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Party Wall (WikiPedia)
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 building and construction, nevertheless it does affect the building of boundary 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 work on 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 Planning Authorization for any work undertaken. Having Preparation Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into impact if someone is preparing to do deal with a pertinent structure, for the functions of the Act ‘party wall’ does not just mean the wall between 2 semi-detached properties, as far as garden enthusiasts are worried it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is used to separate the homes but is not part of any building.
- Excavation close to a neighbouring home.
For information of how the Party Wall Act impacts building operate in general, have a look at this page.
As with all work affecting neighbours, it is constantly better to reach a friendly agreement rather than turn to any law. Even where the work requires a notification to be served, it is much better to informally talk about the desired work, consider the neighbours comments, and modify your plans (if appropriate) prior to serving the notification.
What garden work needs a notice and authorization.
The general concept 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 may trigger damage to the neighbouring side of the wall should be informed. If in doubt, suggestions ought to be looked for from a regional Structure Control Workplace or expert surveyor/architect.
Work in the garden covered by the Party Wall Act include:
- 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 listed below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
Boundary walls
A notification should be issued to all affected neighbouring parties if the prepared work on a limit wall falls under the Party Wall Act. The notice should consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the residential or commercial property carrying out the work.
- The address of the property.
- A complete description of the proposed work (this will typically 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 notice is being served.
- If the work involves excavations, a drawing revealing the depth, position etc
If the planned work is a brand-new limit wall up to or astride the boundary line the procedure of serving a notification under the Party Wall Act is as follows:.
- The individual intending to perform the work should serve a composed notification a minimum of one months before the desired start of the work to every neighbouring party providing information of the work to be carried out.
- Each neighbouring party should respond in writing providing permission or registering dissent – if a neighbouring party not does anything within 14 days of getting the notice, the impact is to put the notification into conflict. However no formal arrangement is needed for a wall approximately the limit line, the neighbour just needs not to object in composing.
- No work might begin on a wall astride the boundary line until all neighbouring parties have concurred in writing to the notice (or a revised 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 notice needs to be served a minimum of one month before the prepared start day of the work. Neighbouring celebrations need to give written arrangement within 14 days or a dispute is considered to have actually taken place.
See below regarding what takes place in the event of a dispute/objection.
What takes place if a conflict occurs.
If agreement can not be reached in between neighbouring parties, the procedure is as follows:.
- A Surveyor or Surveyors is/are selected to figure out a objective and reasonable Award, either:.
- A single ‘Agreed Property surveyor’ (someone appropriate to all celebrations).
or. - Each party designates their own Surveyor to represent the specific parties.
The person who is performing the work will generally have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the opinion of the Property surveyor. It needs to be kept in mind that any Property surveyor needs to act within their statutory duties and propose a unbiased and reasonable Award.
- A single ‘Agreed Property surveyor’ (someone appropriate to all celebrations).
- The Agreed Surveyor, or the specific Surveyors collectively, will produce an Award which needs to be reasonable and objective to all parties.
- When an Award has been made, all parties have 2 week to interest a County Court against the Award.
When you have arrangement.
As soon as you have contract, all work should abide by the notification. All the agreements should be kept to guarantee that a record of the granted permission is kept; a subsequent purchaser of the property may wish to establish that the work was carried out in accordance with the Party Wall Act requirements.
Remember:
- We’ve just given a short outline of the Party Wall Act here as it impacts garden work but have a look at the Neighborhoods and City government site for a more extensive explanatory brochure consisting of example letters for notices and actions.
- Discussing designated work with neighbours is complimentary and can prevent misconception which may arise if a notice gets here suddenly.
- Your local Structure Control Office may be able to offer complimentary advice relating to the Party Wall Act and how it applies to specific situations.
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