PARTY WALL SURVEYORS

Faulkners Surveyors is an independent company of building property surveyors that specialise in the

Party Wall etc. Act 1996 acting for Building Owners, Adjoining Owners and as the Agreed Surveyor throughout London and the House Counties.

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.

party wall

The Party Wall Act 1996

as it effects the garden

At first sight, it is simple to think that the 1996 Party Wall Act does not impact garden construction, nevertheless it does impact the construction of limit walls even if not part of structures and can likewise 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 Preparation Approval for any work carried out. Having Planning Authorization does not negate the requirements under the Party Wall Act.

The Party Wall Act enters effect if somebody is planning to do work on an appropriate structure, for the functions of the Act ‘party wall’ does not just indicate the wall in between 2 semi-detached homes, as far as gardeners are concerned it covers:

For details of how the Party Wall Act affects building work in general, have a look at this page.

As with all work impacting neighbours, it is constantly better to reach a friendly arrangement instead of turn to any law. Even where the work requires a notification to be served, it is better to informally discuss the intended work, think about the neighbours remarks, and modify your plans (if suitable) before serving the notice.

What garden work requires a notification and approval.

The basic principle of the Party Wall Act is that all work which may 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, guidance ought to be looked for from a local Structure Control Office or professional surveyor/architect.

Work in the garden covered by the Party Wall Act include:

Boundary walls

A notice needs to be issued to all affected neighbouring celebrations if the prepared work on a border wall falls under the Party Wall Act. The notice needs to consist of (see sample letters in Part 5 of the Party Wall leaflet):.

If the prepared work is a new boundary wall approximately or astride the limit line the process of serving a notification under the Party Wall Act is as follows:.

See listed below regarding what takes place in the event of a dispute/objection.

Excavations.

If the prepared 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 before the prepared start day of the work. Neighbouring celebrations should give written arrangement within 14 days or a dispute is deemed to have actually occurred.

See below regarding what happens in case of a dispute/objection.

What happens if a dispute occurs.

If contract can not be reached between neighbouring celebrations, the process is as follows:.

As soon as you have arrangement.

All work needs to comply with the notification when you have arrangement. All the arrangements must be retained to ensure that a record of the granted permission is kept; a subsequent buyer of the property may wish to develop that the work was carried out in accordance with the Party Wall Act requirements.

Remember:

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