We are Party Wall Surveyors specialising in party wall concerns in UK. We have more than twenty five years experience of working in UK, acting for professionals, companies, along with for people.
Each brief is distinct, and our dedicated team of party wall property surveyors is experienced in handling all manner of problems associating with party walls. We are proud to provide a bespoke service to match the differing needs of our customers.
This site is designed to offer fundamental details in addition to offering you the opportunity to contact us directly with your requirements and issues, therefore allowing our specialist Party Wall Surveyors to encourage you appropriately.
The present legislation handling 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, nearby excavations and/or structures (including piled structures).
Our team of Faulkners Surveyors Party Wall Surveyors provides an unique niche service, which enables you to have the very best quality service at competitively priced fees.
For more details contact among our Faulkners Surveyors Party Wall 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 believe that the 1996 Party Wall Act does not affect garden construction, nevertheless it does affect the construction of boundary 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 gives you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on a pertinent 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 Authorization for any work undertaken. Likewise, having Planning Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into effect if someone is preparing to do work on a relevant structure, for the functions of the Act ‘party wall’ does not simply indicate the wall in between 2 semi-detached homes, as far as garden enthusiasts are worried it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is used to separate the properties however is not part of any structure.
- Excavation near to a neighbouring property.
For information of how the Party Wall Act affects structure work in basic, have a look at this page.
Just like all work affecting neighbours, it is always better to reach a friendly arrangement instead of turn to any law. Even where the work needs a notification to be served, it is much better to informally discuss the desired work, think about the neighbours remarks, and amend your plans (if proper) prior to serving the notice.
What garden work needs a notice and authorization.
The general principle of the Party Wall Act is that all work which might have a result 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, recommendations should be sought from a local Structure Control Office or professional surveyor/architect.
Work in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or destroy 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 structures of the neighbouring building.
- 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.
A notice needs to be released to all impacted neighbouring celebrations if the prepared work on a limit wall falls under the Party Wall Act. The notification must 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 property.
- A complete 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 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 showing the depth, position etc
If the planned work is a brand-new boundary wall as much as or astride the boundary line the procedure of serving a notice under the Party Wall Act is as follows:.
- The person meaning to perform the work should serve a written notice at least one months prior to the desired start of the work to every neighbouring party providing information of the work to be carried out.
- Each neighbouring party should react in writing providing authorization or registering dissent – if a neighbouring party does nothing within 2 week of receiving the notification, the impact is to put the notice into dispute. No formal contract is needed for a wall up to the boundary line, the neighbour simply requires not to object in writing.
- No work may start on a wall astride the limit line till all neighbouring parties have actually concurred in writing to the notice (or a revised notification).
See below regarding what takes place in case of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notification needs to be served a minimum of one month prior to the prepared start day of the work. Neighbouring parties need to offer written contract within 2 week or a dispute is considered to have occurred.
See listed below regarding what happens in case of a dispute/objection.
If a conflict occurs, what occurs.
If agreement can not be reached in between neighbouring celebrations, the process is as follows:.
- A Surveyor or Surveyors is/are appointed to figure out a neutral and fair Award, either:.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all parties).
- Each party designates their own Surveyor to represent the individual celebrations.
The person who is performing the work will generally need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the opinion of the Property surveyor. However it should be noted that any Property surveyor needs to act within their statutory duties and propose a objective and reasonable Award.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all parties).
- The Agreed Property surveyor, or the private Surveyors jointly, will produce an Award which should be objective and reasonable 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.
Once you have agreement.
Once you have agreement, all work must adhere to the notification. All the contracts need to be retained to guarantee that a record of the granted permission is kept; a subsequent purchaser of the home may wish to develop that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just provided a quick outline of the Party Wall Act here as it affects garden work however have a look at the Communities and City government website for a more detailed explanatory booklet including example letters for notifications and actions.
- If a notice arrives all of a sudden, talking about intended work with neighbours is free and can prevent misunderstanding which might arise.
- Your local Building Control Office may have the ability to give complimentary advice concerning the Party Wall Act and how it applies to particular circumstances.
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