We are Party Wall Surveyors specialising in party wall issues in UK. We have more than twenty five years experience of working in UK, acting for professionals, businesses, in addition to for people.
Each brief is distinct, and our dedicated team of party wall property surveyors is experienced in handling all manner of concerns connecting to party walls. We are proud to provide a bespoke service to match the differing needs of our clients.
This site is created to supply standard information in addition to offering you the chance to call us directly with your requirements and problems, hence enabling our professional Party Wall Surveyors to recommend you accordingly.
The existing 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, adjacent excavations and/or foundations (including piled structures).
Our team of Faulkners Surveyors Party Wall Surveyors offers an unique niche service, which allows you to have the best quality service at competitively priced charges.
For additional information contact one of our Faulkners Surveyors Party Wall property surveyors on 03300100262.
Party Wall (WikiPedia)
A party wall (sometimes parti-wall or parting wall surface, also called usual wall or as a demising wall) is a splitting dividers in between two adjoining structures that is shared by the occupants of each home or business. Normally, the builder lays the wall surface along a building line dividing two terraced houses, so that one half of the wall’s thickness lies on each side. This kind of wall is normally structural. Celebration walls can also be created by two abutting wall surfaces developed at various times. The term can be likewise utilized to explain a department in between separate systems within a multi-unit apartment or condo complex. Very often the wall surface in this instance is non-structural however created to meet established standards for audio 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 impact the building of limit walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and gives you rights and duties 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 Preparation Consent for any work carried out. Having Planning Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters impact if somebody is preparing to do deal with a relevant structure, for the purposes of the Act ‘party wall’ does not simply suggest the wall between two semi-detached residential or commercial properties, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is utilized to separate the properties but 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 contract instead of resort to any law. Even where the work needs a notice to be served, it is better to informally talk about the designated work, consider the neighbours comments, and amend your strategies (if appropriate) prior to serving the notification.
What garden work requires a notification and permission.
The basic concept of the Party Wall Act is that all work which may have an impact upon the structural strength or support function of the party wall or might trigger damage to the neighbouring side of the wall need to be alerted. If in doubt, suggestions should be sought from a regional Building Control Workplace or professional surveyor/architect.
Work in the garden covered by the Party Wall Act include:
- To destroy and/or rebuild/build a party 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 foundations of the neighbouring building.
If the prepared deal with a boundary wall falls under the Party Wall Act, a notice needs to be released to all affected neighbouring celebrations. The notice needs to include (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the property carrying out the work.
- The address of the home.
- A complete description of the proposed work (this will generally 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 revealing the depth, position and so on
If the planned work is a new limit wall up to or astride the limit line the process of serving a notification under the Party Wall Act is as follows:.
- The individual meaning to carry out the work must serve a composed notice at least one months before the designated start of the work to every neighbouring party giving details of the work to be carried out.
- Each neighbouring party needs to react in writing giving approval or registering dissent – if a neighbouring party not does anything within 14 days of getting the notice, the effect is to put the notice into disagreement. Nevertheless no official contract is required for a wall up to the border line, the neighbour just needs not to object in composing.
- No work might commence on a wall astride the border line till all neighbouring parties have concurred in writing to the notice (or a modified notice).
See below concerning what takes place 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 should provide written agreement within 2 week or a conflict is deemed to have taken place.
See listed below regarding what happens in case of a dispute/objection.
If a conflict arises, what takes place.
If contract can not be reached in between neighbouring celebrations, the procedure is as follows:.
- A Property surveyor or Surveyors is/are selected to identify a unbiased and reasonable Award, either:.
- A single ‘Concurred Surveyor’ (someone acceptable to all celebrations).
- Each party appoints their own Property surveyor to represent the specific celebrations.
The individual who is carrying out the work will typically 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 Surveyor. However it needs to be kept in mind that any Surveyor should act within their statutory responsibilities and propose a objective and reasonable Award.
- A single ‘Concurred Surveyor’ (someone acceptable to all celebrations).
- The Agreed Property surveyor, or the specific Surveyors jointly, will produce an Award which should be unbiased and fair to all celebrations.
- As soon as an Award has actually been made, all celebrations have 2 week to attract a County Court against the Award.
When you have arrangement.
Once you have contract, all work must comply with the notice. All the contracts should be retained to guarantee that a record of the granted permission is kept; a subsequent buyer of the home may want to develop that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just offered a brief outline of the Party Wall Act here as it affects garden work but have a look at the Neighborhoods and City government website for a more comprehensive explanatory pamphlet including example letters for notifications and actions.
- Going over designated deal with neighbours is free and can prevent misconception which may develop if a notification gets here suddenly.
- Your regional Building Control Workplace may have the ability to give free suggestions concerning the Party Wall Act and how it applies to particular circumstances.
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