What is a Party Wall Award?
A Party Wall Award is an agreement made in between at least two neighbouring occupiers prior to the beginning of construction/building work which is to be carried out to a party boundary or structure, or where works are being carried out in close distance to a party limit or structure. There are 3 main types of work which require a Party Wall Property surveyor to carry out a Party Wall Award and these are:
- Line of junction (constructing a new wall on or along with a boundary).
- Party Structure Functions (works to an existing party wall such as cutting into, restoring, thickening and so on).
- Surrounding Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and across the UK, our knowledgeable business structure property surveyors carry out a variety of expert surveying services consisting of Party Wall Studies (Party Wall Awards). At Commercial Structure Surveyors we carry out Party Wall Studies by skilled and professional Party Wall Surveyors throughout the UK.
Party Wall (WikiPedia)
A party wall (sometimes parti-wall or parting wall surface, also recognized as usual wall surface or as a demising wall surface) is a dividing dividers between 2 adjacent buildings that is shared by the passengers of each residence or organization. Generally, the home builder lays the wall along a property line dividing 2 terraced homes, to ensure that one half of the wall’s density rests on each side. This kind of wall surface is typically structural. Party wall surfaces can likewise be created by 2 abutting wall surfaces constructed at various times. The term can be likewise used to describe a division in between separate systems within a multi-unit apartment building. Extremely often the wall in this instance is non-structural however made to satisfy established standards for noise and/or fire protection, i.e. a firewall software.
The Party Wall Act 1996
as it impacts 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 affect the construction of border walls even if not part of structures and can likewise applies to deep excavations.
The Party Wall Act 1996 entered 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 deal with 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 carried out. Similarly, having Preparation Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act enters result if someone is preparing to do work on a pertinent structure, for the functions of the Act ‘party wall’ does not just indicate the wall between two semi-detached residential or commercial properties, as far as garden enthusiasts are worried it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is used to separate the homes 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 operate in general, have a look at this page.
Just like all work impacting 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 designated work, think about the neighbours remarks, and modify your strategies (if appropriate) before serving the notification.
What garden work needs a notice and permission.
The general concept of the Party Wall Act is that all work which might have an effect 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. Suggestions needs to be sought from a local Building Control Workplace 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 boundary 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 listed below the bottom of the foundations of the neighbouring building.
- Excavations within 6 metres of a neighbouring building where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring building.
If the planned deal with a border wall falls under the Party Wall Act, a notification needs to be provided to all affected neighbouring celebrations. The notice should consist of (see sample letters in Part 5 of the Party Wall brochure):.
- 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 normally be simply a single sentence describing 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 new boundary wall approximately or astride the border line the procedure of serving a notification under the Party Wall Act is as follows:.
- The individual intending to perform the work needs to serve a composed notice a minimum of one months prior to the desired start of the work to every neighbouring party giving information of the work to be performed.
- Each neighbouring party ought to respond in writing offering consent or registering dissent – if a neighbouring party does nothing within 14 days of receiving the notice, the result is to put the notification into conflict. Nevertheless no official contract is required for a wall up to the boundary line, the neighbour just needs not to object in composing.
- No work may commence on a wall astride the border line until all neighbouring celebrations have agreed in writing to the notification (or a revised notification).
See below concerning 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 requires to be served at least one month before the prepared start day of the work. Neighbouring celebrations need to offer written agreement within 2 week or a dispute is deemed to have taken place.
See listed below regarding what takes place in case of a dispute/objection.
If a conflict emerges, what happens.
If agreement can not be reached between neighbouring celebrations, the process is as follows:.
- A Property surveyor or Surveyors is/are selected to determine a reasonable and impartial Award, either:.
- A single ‘Concurred Surveyor’ (someone appropriate to all parties).
- Each party appoints their own Property surveyor to represent the individual parties.
The person who is performing the work will typically have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the opinion of the Property surveyor. It should be kept in mind that any Surveyor needs to act within their statutory obligations and propose a neutral and fair Award.
- A single ‘Concurred Surveyor’ (someone appropriate to all parties).
- The Agreed Property surveyor, or the specific Surveyors collectively, will produce an Award which must be reasonable and neutral to all celebrations.
- As soon as an Award has been made, all parties have 2 week to interest a County Court versus the Award.
Once you have contract.
All work needs to comply with the notice when you have arrangement. All the arrangements must be kept to make sure that a record of the granted permission is kept; a subsequent buyer of the home might want to establish that the work was performed in accordance with the Party Wall Act requirements.
- We’ve just given a brief outline of the Party Wall Act here as it affects garden work but take a look at the Communities and City government website for a more extensive explanatory pamphlet including example letters for actions and notifications.
- Talking about desired deal with neighbours is free and can prevent misunderstanding which may arise if a notice shows up all of a sudden.
- Your local Structure Control Office may have the ability to give complimentary suggestions concerning the Party Wall Act and how it applies to specific situations.
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