We are Party Wall Surveyors specialising in party wall problems in UK. We have more than twenty 5 years experience of working in UK, acting for experts, organizations, as well as for people.
Each quick is special, and our dedicated group of party wall surveyors is experienced in handling all manner of problems connecting to party walls. We are proud to offer a bespoke service to match the varying needs of our clients.
This site is designed to offer fundamental details as well as using you the chance to call us straight with your problems and requirements, thus allowing our expert Party Wall Surveyors to recommend you appropriately.
The current legislation dealing with party walls and associated matters is the Party Wall etc. 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 piled foundations).
Our team of Faulkners Surveyors Party Wall Surveyors offers a distinct specific niche service, which enables you to have the best quality service at competitively priced costs.
For additional information contact among our Faulkners Surveyors Party Wall surveyors on 03300100262.
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 simple to believe that the 1996 Party Wall Act does not affect garden building and construction, however it does affect the construction of boundary walls even if not part of structures and can likewise applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and gives 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 boundary fences.
The Party Wall Act does not impact any requirement for Preparation Approval 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 planning to do deal with a relevant structure, for the functions of the Act ‘party wall’ does not just indicate 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 border line (or butts up against it) and is used to separate the residential or commercial properties however is not part of any structure.
- Excavation close to a neighbouring home.
For information of how the Party Wall Act impacts building operate in basic, have a look at this page.
Similar to all work affecting neighbours, it is constantly much better to reach a friendly agreement instead of turn to any law. Even where the work requires a notice to be served, it is much better to informally talk about the desired work, consider the neighbours comments, and amend your plans (if appropriate) before serving the notification.
What garden work requires a notification and consent.
The basic principle of the Party Wall Act is that all work which may have a result upon the structural strength or support function of the party wall or might trigger damage to the neighbouring side of the wall must be notified. Guidance needs to be sought from a regional Building Control Office or expert surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or destroy limit wall.
- To increase the height or thickness of a party border wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the foundations of the neighbouring structure.
- Excavations within 6 metres of a neighbouring structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring structure.
A notice should be provided to all impacted neighbouring celebrations if the planned work on a border wall falls under the Party Wall Act. The notification needs to consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the home carrying out the work.
- The address of the residential or commercial property.
- A full description of the proposed work (this will generally be simply a single sentence laying out 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 includes excavations, a drawing showing the depth, position and so on
If the planned work is a brand-new border wall approximately or astride the boundary line the procedure of serving a notice under the Party Wall Act is as follows:.
- The individual intending to carry out the work should serve a written notice at least one months prior to the designated start of the work to every neighbouring party giving information of the work to be performed.
- Each neighbouring party needs to respond in writing offering approval or registering dissent – if a neighbouring party not does anything within 14 days of getting the notification, the effect is to put the notice into dispute. Nevertheless no official contract is needed for a wall up to the border line, the neighbour simply needs not to object in writing.
- No work may begin on a wall astride the border line till all neighbouring parties have concurred in writing to the notice (or a modified notice).
See listed below concerning what takes place in the event of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notification needs to be served at least one month prior to the prepared start day of the work. Neighbouring parties should provide written contract within 2 week or a disagreement is deemed to have actually happened.
See below concerning what takes place in case of a dispute/objection.
If a conflict arises, what occurs.
If arrangement can not be reached in between neighbouring celebrations, the process is as follows:.
- A Property surveyor or Surveyors is/are appointed to identify a fair and neutral Award, either:.
- A single ‘Agreed Surveyor’ (someone acceptable to all parties).
- Each party designates their own Property surveyor to represent the private celebrations.
The person who is performing the work will normally have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the opinion of the Surveyor. It should be noted that any Surveyor needs to act within their statutory obligations and propose a reasonable and neutral Award.
- A single ‘Agreed Surveyor’ (someone acceptable to all parties).
- The Agreed Surveyor, or the private Surveyors collectively, will produce an Award which needs to be fair and objective to all parties.
- As soon as an Award has been made, all parties have 14 days to attract a County Court against the Award.
When you have agreement.
All work must comply with the notice as soon as you have contract. All the arrangements should be kept to ensure that a record of the granted permission is kept; a subsequent buyer of the property might want to establish that the work was carried out in accordance with the Party Wall Act requirements.
- We have actually just given a short outline of the Party Wall Act here as it impacts garden work but have a look at the Communities and Local Government site for a more comprehensive explanatory booklet including example letters for notices and responses.
- Discussing designated work with neighbours is free and can avoid misconception which may develop if a notice gets here unexpectedly.
- Your local Structure Control Office might have the ability to provide complimentary guidance concerning the Party Wall Act and how it applies to particular scenarios.
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