The Faulkners Surveyors is an expert Chartered Structure Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all elements of the Party Wall etc. Act 1996 and supplies the following services:

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.

party wall

The Party Wall Act 1996

as it effects the garden

At first sight, it is simple to think that the 1996 Party Wall Act does not impact garden building, however it does impact the building and construction of border 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 offers you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with a relevant 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 Planning Authorization for any work undertaken. Similarly, having Preparation Approval does not negate the requirements under the Party Wall Act.

The Party Wall Act comes into effect if someone is preparing to do deal with a relevant structure, for the purposes of the Act ‘party wall’ does not just mean the wall between two semi-detached residential or commercial properties, as far as gardeners are concerned it covers:

For information of how the Party Wall Act affects structure operate in general, take a look at this page.

As with all work impacting neighbours, it is constantly better to reach a friendly contract rather than turn to any law. Even where the work needs a notification to be served, it is much better to informally go over the designated work, consider the neighbours remarks, and modify your strategies (if suitable) prior to serving the notice.

What garden work needs a notice and approval.

The basic concept of the Party Wall Act is that all work which may have a result upon the structural strength or assistance function of the party wall or may trigger damage to the neighbouring side of the wall need to be notified. If in doubt, suggestions ought to be looked for from a regional Structure Control Office or expert surveyor/architect.

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

Boundary walls

A notification should be released to all impacted neighbouring parties if the prepared work on a boundary wall falls under the Party Wall Act. The notice should include (see sample letters in Part 5 of the Party Wall brochure):.

If the prepared work is a brand-new border wall as much as or astride the limit line the process of serving a notice under the Party Wall Act is as follows:.

See listed below concerning what happens 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 notification needs to be served at least one month prior to the planned start day of the work. Neighbouring celebrations should give written agreement within 2 week or a disagreement is deemed to have actually taken place.

See listed below concerning what occurs in the event of a dispute/objection.

What occurs if a disagreement develops.

If contract can not be reached between neighbouring parties, the procedure is as follows:.

Once you have contract.

All work must comply with the notice when you have contract. All the contracts need to be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the property might wish to develop that the work was carried out in accordance with the Party Wall Act requirements.

Keep in mind:

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