We are Party Wall Surveyors specialising in party wall problems in UK. We have over twenty five years experience of operating in UK, acting for professionals, companies, as well as for people.
Each short is distinct, and our dedicated group of party wall surveyors is experienced in dealing with all manner of concerns relating to party walls. We are proud to provide a bespoke service to match the varying needs of our clients.
This website is created to supply basic details in addition to using you the chance to contact us directly with your requirements and problems, hence allowing our expert Party Wall Surveyors to recommend you accordingly.
The current legislation handling party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or structures (including stacked structures).
Our team of Faulkners Surveyors Party Wall Surveyors supplies a distinct niche service, which allows you to have the best quality service at competitively priced charges.
For more information contact one of our Faulkners Surveyors Party Wall property 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 impacts the garden
At first sight, it is simple to think that the 1996 Party Wall Act does not affect garden building and construction, however it does affect the construction of border 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 obligations 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 limit fences.
The Party Wall Act does not affect any requirement for Preparation Permission for any work undertaken. Also, having Planning Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters impact if somebody is preparing to do work on a relevant structure, for the functions 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 boundary line (or butts up against it) and is used to separate the residential or commercial properties however is not part of any building.
- Excavation close to a neighbouring property.
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 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 intended work, consider the neighbours comments, and modify your strategies (if proper) prior to serving the notification.
What garden work requires a notice and approval.
The general 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 may cause damage to the neighbouring side of the wall should be alerted. If in doubt, guidance ought to be sought from a local Structure Control Workplace or professional surveyor/architect.
Work in the garden covered by the Party Wall Act consist of:
- To destroy and/or rebuild/build a party limit wall.
- To increase the height or density of a party boundary wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the foundations of the neighbouring building.
- Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring structure.
If the prepared deal with a limit wall falls under the Party Wall Act, a notification should be provided to all impacted neighbouring celebrations. The notification must include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the home undertaking the work.
- The address of the property.
- A full description of the proposed work (this will normally be simply a single sentence detailing 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 includes excavations, a drawing revealing the depth, position etc
If the prepared work is a new boundary wall up to or astride the boundary line the procedure of serving a notice under the Party Wall Act is as follows:.
- The individual meaning to perform the work needs to serve a written notice at least one months prior to the desired start of the work to every neighbouring party giving details of the work to be carried out.
- Each neighbouring party needs to react in composing offering 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. However no official arrangement is needed for a wall as much as the limit line, the neighbour just requires not to object in composing.
- No work might begin on a wall astride the limit line up until all neighbouring celebrations have agreed in writing to the notification (or a modified notice).
See listed below concerning what occurs 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 requires to be served at least one month prior to the prepared start day of the work. Neighbouring parties should provide written agreement within 2 week or a dispute is considered to have actually taken place.
See below concerning what happens in case of a dispute/objection.
If a dispute occurs, what happens.
If contract can not be reached between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are designated to figure out a unbiased and fair Award, either:.
- A single ‘Agreed Surveyor’ (someone acceptable to all celebrations).
- Each party designates their own Property surveyor to represent the specific celebrations.
The individual who is carrying out the work will typically 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 should be noted that any Property surveyor needs to act within their statutory obligations and propose a fair and unbiased Award.
- A single ‘Agreed Surveyor’ (someone acceptable to all celebrations).
- The Agreed Property surveyor, or the individual Surveyors jointly, will produce an Award which must be reasonable and unbiased to all parties.
- As soon as an Award has actually been made, all parties have 14 days to interest a County Court against the Award.
As soon as you have arrangement.
All work must comply with the notification once you have agreement. All the arrangements should be retained to make sure that a record of the granted permission is kept; a subsequent purchaser of the home might want to establish that the work was carried out in accordance with the Party Wall Act requirements.
- We have actually only offered a quick summary of the Party Wall Act here as it impacts garden work but take a look at the Neighborhoods and City government site for a more thorough explanatory brochure including example letters for responses and notifications.
- Discussing intended deal with neighbours is free and can prevent misconception which might occur if a notification arrives all of a sudden.
- Your local Building Control Office might be able to provide totally free advice relating to the Party Wall Act and how it applies to particular circumstances.
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