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 specialists, businesses, in addition to for individuals.
Each quick is distinct, and our devoted group of party wall property surveyors is experienced in handling all manner of issues associating with party walls. We are proud to provide a bespoke service to match the varying requirements of our customers.
This website is created to supply fundamental details as well as offering you the opportunity to call us directly with your problems and requirements, therefore allowing our specialist Party Wall Surveyors to advise you accordingly.
The present legislation dealing with party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or structures (consisting of stacked structures).
Our group of Faulkners Surveyors Party Wall Surveyors offers an unique niche service, which allows you to have the best quality service at competitively priced fees.
For more information contact one of our Faulkners Surveyors Party Wall property surveyors on 03300100262.
Party Wall (WikiPedia)
A party wall (periodically parti-wall or parting wall, additionally understood as usual wall or as a demising wall) is a separating dividers between two adjacent buildings that is shared by the owners of each residence or organization. Commonly, the home builder lays the wall surface along a residential property line dividing two terraced residences, to make sure that one half of the wall’s thickness rests on each side. This kind of wall is normally architectural. Event wall surfaces can likewise be developed by 2 abutting wall surfaces developed at various times. The term can be also made use of to explain a division between different units within a multi-unit apartment building. Extremely typically the wall in this instance is non-structural but created to meet recognized criteria for noise and/or fire defense, i.e. a firewall software.
The Party Wall Act 1996
as it effects 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 border walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 entered into force in 1997, so it is now law and provides you rights and duties 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 limit fences.
The Party Wall Act does not affect any requirement for Planning Approval for any work undertaken. Having Planning Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into impact if someone is planning 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 homes, as far as gardeners 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 building.
- Excavation close to a neighbouring property.
For details of how the Party Wall Act affects building operate in general, have a look at this page.
As with all work affecting neighbours, it is always much better to reach a friendly agreement instead of resort to any law. Even where the work requires a notice to be served, it is better to informally discuss the designated work, think about the neighbours comments, and amend your strategies (if proper) prior to serving the notice.
What garden work requires a notification and approval.
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 informed. Suggestions needs to be sought from a local Building Control Office or expert surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or destroy border wall.
- To increase the height or thickness of a party boundary wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go below the bottom of the structures 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 work on a boundary wall falls under the Party Wall Act, a notice must be issued to all affected neighbouring parties. The notice should include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the residential or commercial property undertaking the work.
- The address of the home.
- A full description of the proposed work (this will generally be just 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 prepared work is a brand-new limit wall as much as or astride the limit line the procedure of serving a notice 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 carried out.
- Each neighbouring party should react in writing offering permission or signing up dissent – if a neighbouring party does nothing within 2 week of getting the notification, the result is to put the notice into conflict. Nevertheless no official contract is required for a wall approximately the border line, the neighbour simply needs not to object in writing.
- No work may commence on a wall astride the limit line till all neighbouring parties have actually concurred in writing to the notification (or a modified notice).
See below concerning what happens 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 planned start day of the work. Neighbouring celebrations must give written agreement within 14 days or a conflict is considered to have actually taken place.
See listed below concerning what happens in case of a dispute/objection.
What takes place if a conflict occurs.
If arrangement can not be reached between neighbouring parties, the procedure is as follows:.
- A Surveyor or Surveyors is/are designated to determine a objective and fair Award, either:.
- A single ‘Concurred Property surveyor’ (somebody appropriate to all celebrations).
- Each party designates their own Surveyor to represent the private parties.
The individual 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 viewpoint of the Property surveyor. It must be kept in mind that any Surveyor needs to act within their statutory duties and propose a objective and fair Award.
- A single ‘Concurred Property surveyor’ (somebody appropriate to all celebrations).
- The Agreed Property surveyor, or the specific Surveyors collectively, will produce an Award which should be reasonable and neutral to all parties.
- Once an Award has actually been made, all parties have 2 week to attract a County Court against the Award.
As soon as you have agreement.
All work needs to comply with the notification when you have agreement. All the contracts should be kept to guarantee that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property may want to develop that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually only provided a short outline of the Party Wall Act here as it affects garden work but have a look at the Neighborhoods and Local Government site for a more thorough explanatory booklet consisting of example letters for reactions and notices.
- If a notice arrives unexpectedly, going over designated work with neighbours is complimentary and can prevent misconception which may develop.
- Your regional Building Control Workplace might be able to give complimentary advice relating to the Party Wall Act and how it applies to specific circumstances.
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