We are Party Wall Surveyors specialising in party wall concerns in UK. We have over twenty five years experience of operating in UK, acting for specialists, services, as well as for people.
Each quick is unique, and our devoted group of party wall surveyors is experienced in dealing with all manner of concerns connecting to party walls. We are proud to use a bespoke service to match the varying needs of our customers.
This website is created to offer basic details as well as using you the opportunity to contact us straight with your issues and requirements, therefore allowing our professional Party Wall Surveyors to encourage you appropriately.
The present legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or foundations (including stacked foundations).
Our team of Faulkners Surveyors Party Wall Surveyors provides an unique specific niche service, which allows you to have the very best quality service at competitively priced charges.
For more details contact among our Faulkners Surveyors Party Wall property surveyors on 03300100262.
Party Wall (WikiPedia)
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 construction, nevertheless it does affect the building and construction of boundary walls even if not part of buildings and can likewise 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 deal with a pertinent structure or if your neighbour is.
The Party Wall Act does not apply to border fences.
The Party Wall Act does not affect any requirement for Planning Permission for any work undertaken. Having Planning Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into effect if somebody is planning to do work on an appropriate structure, for the purposes of the Act ‘party wall’ does not simply mean the wall in between two semi-detached homes, as far as garden enthusiasts are concerned it covers:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is used to separate the homes but is not part of any building.
- Excavation near to a neighbouring residential or commercial property.
For information of how the Party Wall Act affects structure operate in basic, take a look at this page.
Similar to all work impacting neighbours, it is constantly much better to reach a friendly arrangement rather than resort to any law. Even where the work requires a notification to be served, it is much better to informally talk about the intended work, consider the neighbours comments, and change your strategies (if appropriate) prior to serving the notice.
What garden work needs a notification and consent.
The general principle of the Party Wall Act is that all work which may have an impact upon the structural strength or assistance function of the party wall or may cause damage to the neighbouring side of the wall should be notified. Advice needs to be sought from a regional Structure Control Office or expert surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act include:
- To destroy and/or rebuild/build a party border wall.
- To increase the height or thickness of a party limit wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go listed below the bottom of the foundations of the neighbouring building.
- Excavations within 6 metres of a neighbouring structure where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
If the prepared deal with a border wall falls under the Party Wall Act, a notification must be released to all impacted neighbouring parties. The notice must consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the property carrying out the work.
- The address of the residential or commercial property.
- A full description of the proposed work (this will usually be simply 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 notice is being served.
- If the work involves excavations, a drawing revealing the depth, position and so on
If the prepared work is a new border wall up to or astride the limit line the process 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 offering details of the work to be performed.
- Each neighbouring party must respond in writing providing permission or registering dissent – if a neighbouring party not does anything within 14 days of receiving the notification, the impact is to put the notice into disagreement. No official contract is needed for a wall up to the border line, the neighbour just needs not to object in writing.
- No work might commence on a wall astride the border line until all neighbouring parties have actually concurred in writing to the notification (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 notice requires to be served a minimum of one month before the prepared start day of the work. Neighbouring parties need to offer written contract within 14 days or a disagreement is considered to have actually happened.
See listed below concerning what takes place in the event of a dispute/objection.
What occurs if a dispute arises.
If contract can not be reached between neighbouring celebrations, the procedure is as follows:.
- A Property surveyor or Surveyors is/are appointed to identify a objective and reasonable Award, either:.
- A single ‘Concurred Property surveyor’ (someone appropriate to all parties).
- Each party selects their own Property surveyor to represent the private celebrations.
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 Surveyor. It should be noted that any Surveyor needs to act within their statutory responsibilities and propose a objective and reasonable Award.
- A single ‘Concurred Property surveyor’ (someone appropriate to all parties).
- The Agreed Property surveyor, or the individual Surveyors jointly, will produce an Award which should be objective and reasonable to all celebrations.
- Once an Award has actually been made, all celebrations have 2 week to attract a County Court against the Award.
When you have arrangement.
All work needs to comply with the notification when you have contract. All the arrangements should be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the property may want to establish that the work was carried out in accordance with the Party Wall Act requirements.
- We have actually only provided a short outline of the Party Wall Act here as it impacts garden work however take a look at the Communities and City government website for a more extensive explanatory booklet consisting of example letters for notifications and actions.
- If a notification arrives unexpectedly, going over designated work with neighbours is complimentary and can prevent misunderstanding which may develop.
- Your local Building Control Office might have the ability to give free guidance concerning the Party Wall Act and how it applies to particular scenarios.
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