We are Party Wall Surveyors specialising in party wall problems in UK. We have more than twenty five years experience of working in UK, acting for professionals, companies, along with for people.
Each short is unique, and our devoted group of party wall property surveyors is experienced in dealing with all manner of issues connecting to party walls. We are proud to offer a bespoke service to match the differing needs of our clients.
This website is created to offer standard details as well as providing you the chance to call us directly with your requirements and problems, thus allowing our specialist Party Wall Surveyors to recommend you appropriately.
The existing legislation dealing with party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or structures (consisting of stacked structures).
Our group of Faulkners Surveyors Party Wall Surveyors provides a distinct niche service, which allows you to have the best quality service at competitively priced fees.
To learn more contact one of our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
The Party Wall Act 1996
as it effects the garden
At first sight, it is easy to think that the 1996 Party Wall Act does not impact garden building and construction, nevertheless it does affect the building and construction of limit walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and offers you rights and duties whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with an appropriate structure or if your neighbour is.
The Party Wall Act does not apply to border fences.
The Party Wall Act does not impact any requirement for Planning Permission for any work undertaken. Having Planning Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act enters result if someone is preparing to do deal with an appropriate structure, for the functions 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:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is utilized to separate the residential or commercial properties however is not part of any structure.
- Excavation close to a neighbouring property.
For information of how the Party Wall Act impacts structure operate in basic, take a look at this page.
Just like all work impacting neighbours, it is always better to reach a friendly arrangement instead of resort to any law. Even where the work requires a notification to be served, it is much better to informally talk about the designated work, consider the neighbours remarks, and amend your plans (if appropriate) prior to serving the notice.
What garden work requires a notification and consent.
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 might trigger damage to the neighbouring side of the wall must be informed. Advice must be sought from a regional Building Control Workplace or expert surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act consist of:
- To demolish and/or rebuild/build a party border wall.
- To increase the height or density of a party border wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go below the bottom of the structures 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 foundations of the neighbouring structure.
Boundary walls
A notification must be provided to all impacted neighbouring celebrations if the prepared work on a limit wall falls under the Party Wall Act. The notice must consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the home carrying out the work.
- The address of the residential or commercial property.
- A complete description of the proposed work (this will normally be just a single sentence laying out the work).
- The proposed start date for the work.
- A clear statement that the notice is being served under The Party Wall etc Act 1996.
- The date the notification is being served.
- If the work involves excavations, a drawing showing the depth, position and so on
If the prepared work is a new border wall approximately or astride the limit line the procedure of serving a notice under the Party Wall Act is as follows:.
- The person intending to perform the work must serve a written notice a minimum of one months before the designated start of the work to every neighbouring party providing details of the work to be performed.
- Each neighbouring party should respond in composing giving authorization or signing up dissent – if a neighbouring party not does anything within 2 week of getting the notice, the result is to put the notice into dispute. Nevertheless no official contract is needed for a wall as much as the border line, the neighbour just needs not to object in composing.
- No work might commence on a wall astride the boundary line up until all neighbouring parties have actually concurred in writing to the notification (or a revised notification).
See listed below regarding what occurs 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 requires to be served at least one month prior to the prepared start day of the work. Neighbouring celebrations need to give written contract within 2 week or a dispute is considered to have actually occurred.
See below concerning what takes place in case of a dispute/objection.
What occurs if a disagreement emerges.
If arrangement can not be reached in between neighbouring parties, the procedure is as follows:.
- A Property surveyor or Surveyors is/are selected to figure out a reasonable and unbiased Award, either:.
- A single ‘Agreed Property surveyor’ (somebody appropriate to all celebrations).
or. - Each party selects their own Surveyor to represent the private parties.
The individual who is performing the work will usually need to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the opinion of the Property surveyor. Nevertheless it ought to be noted that any Property surveyor must act within their statutory responsibilities and propose a neutral and reasonable Award.
- A single ‘Agreed Property surveyor’ (somebody appropriate to all celebrations).
- The Agreed Property surveyor, or the private Surveyors collectively, will produce an Award which should be reasonable and neutral to all parties.
- Once an Award has been made, all parties have 2 week to appeal to a County Court against the Award.
When you have contract.
When you have contract, all work should adhere to the notification. All the arrangements need to be retained to guarantee that a record of the granted permission is kept; a subsequent buyer of the home may wish to develop that the work was performed in accordance with the Party Wall Act requirements.
Remember:
- We’ve only provided a short outline of the Party Wall Act here as it impacts garden work however take a look at the Communities and Local Government website for a more comprehensive explanatory pamphlet consisting of example letters for notices and reactions.
- Discussing designated work with neighbours is free and can prevent misconception which might occur if a notification gets here suddenly.
- Your local Structure Control Office may be able to give complimentary recommendations concerning the Party Wall Act and how it applies to particular scenarios.
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