Faulkners Surveyors offer a variety of building surveying services specialising in Party Wall Services.
We pride ourselves on our versatility and individual involvement towards our customers requirements. Faulkners Surveyors are a broadening group of property surveyors with a wealth of expertise, ability and experience. If you are searching for an expert yet flexible technique to all your home matters then call Faulkners Surveyors for an useful chat.
Our property surveyors are controlled by the Faculty of Party Wall Surveyors and bring professional indemnity insurance 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 impacts the garden
At first sight, it is simple to believe that the 1996 Party Wall Act does not affect garden building and construction, however it does affect the building and construction of boundary walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 entered into force in 1997, so it is now law and offers you rights and obligations 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 border fences.
The Party Wall Act does not impact any requirement for Preparation Authorization for any work carried out. Also, having Planning Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if someone is planning to do work on a pertinent structure, for the purposes of the Act ‘party wall’ does not just indicate the wall between 2 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 used to separate the properties however is not part of any structure.
- Excavation near to a neighbouring residential or commercial property.
For details of how the Party Wall Act impacts structure work in basic, have a look at this page.
Similar to all work affecting neighbours, it is constantly better to reach a friendly agreement instead of resort to any law. Even where the work needs a notification to be served, it is much better to informally discuss the designated work, think about the neighbours remarks, and change your strategies (if proper) prior to serving the notice.
What garden work needs a notification and consent.
The basic 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 might cause damage to the neighbouring side of the wall must be alerted. Advice needs to be sought from a regional Building Control Office or professional surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or demolish boundary wall.
- To increase the height or thickness of a party boundary 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 structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
Boundary walls
A notification must be provided to all impacted 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 home carrying out the work.
- The address of the property.
- A full description of the proposed work (this will normally be simply a single sentence describing 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 notification is being served.
- If the work involves excavations, a drawing showing the depth, position etc
If the prepared work is a new limit wall up to or astride the border line the procedure of serving a notice under the Party Wall Act is as follows:.
- The individual planning to perform the work should serve a composed notification a minimum of one months prior to the intended start of the work to every neighbouring party offering information of the work to be performed.
- Each neighbouring party needs 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 dispute. No formal arrangement is required for a wall up to the boundary line, the neighbour just requires not to object in writing.
- No work might start on a wall astride the border line up until all neighbouring parties have actually agreed in writing to the notice (or a revised notification).
See 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 before the planned start day of the work. Neighbouring parties need to offer written agreement within 2 week or a disagreement is deemed to have occurred.
See listed below regarding what takes place in the event of a dispute/objection.
If a dispute develops, what takes place.
If agreement can not be reached in between neighbouring parties, the procedure is as follows:.
- A Property surveyor or Surveyors is/are selected to identify a impartial and fair Award, either:.
- A single ‘Concurred Property surveyor’ (somebody appropriate to all parties).
or. - Each party selects their own Property surveyor to represent the private celebrations.
The person who is carrying out the work will usually need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the viewpoint of the Property surveyor. It must be noted that any Property surveyor must act within their statutory obligations and propose a fair and impartial Award.
- A single ‘Concurred Property surveyor’ (somebody appropriate to all parties).
- The Agreed Property surveyor, or the individual Surveyors jointly, will produce an Award which must be fair and neutral to all parties.
- When an Award has actually been made, all celebrations have 2 week to attract a County Court versus the Award.
Once you have contract.
Once you have contract, all work needs to comply with the notification. All the arrangements ought to be kept to make sure that a record of the granted permission is kept; a subsequent purchaser of the home might wish to develop that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve just provided a quick outline of the Party Wall Act here as it affects garden work but have a look at the Communities and City government website for a more comprehensive explanatory pamphlet consisting of example letters for notices and responses.
- Talking about desired work with neighbours is free and can avoid misconception which might emerge if a notification shows up unexpectedly.
- Your regional Structure Control Office might be able to offer totally free advice concerning the Party Wall Act and how it applies to specific circumstances.
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