We are Party Wall Surveyors specialising in party wall concerns in UK. We have over twenty 5 years experience of operating in UK, acting for professionals, companies, in addition to for individuals.
Each quick is distinct, and our devoted team of party wall surveyors is experienced in handling all manner of concerns associating with party walls. We are proud to provide a bespoke service to match the differing needs of our clients.
This site is developed to supply fundamental details as well as providing you the chance to call us straight with your problems and requirements, thus allowing our specialist Party Wall Surveyors to advise you appropriately.
The existing legislation handling party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or foundations (including stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors supplies a distinct specific niche service, which enables you to have the best quality service at competitively priced charges.
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 effects the garden
At first sight, it is simple to believe that the 1996 Party Wall Act does not affect garden construction, however it does impact the construction of boundary 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 boundary fences.
The Party Wall Act does not affect any requirement for Planning Authorization for any work undertaken. Also, having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters impact if somebody is planning to do work on a pertinent structure, for the purposes of the Act ‘party wall’ does not just mean the wall between 2 semi-detached properties, as far as gardeners are concerned it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is utilized to separate the homes but is not part of any structure.
- Excavation near to a neighbouring residential or commercial property.
For information of how the Party Wall Act affects building operate in general, take a look at this page.
Just like all work affecting neighbours, it is always much better to reach a friendly arrangement instead of resort to any law. Even where the work needs a notification to be served, it is much better to informally talk about the designated work, consider the neighbours comments, and amend your strategies (if suitable) before serving the notice.
What garden work requires a notice and authorization.
The basic principle 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. If in doubt, guidance should be looked for from a local Building Control Workplace or expert 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 limit wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go below the bottom of the foundations 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 structures of the neighbouring structure.
A notice needs to be provided to all impacted neighbouring parties if the prepared work on a border wall falls under the Party Wall Act. The notice needs to include (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the residential or commercial property undertaking the work.
- The address of the residential or commercial property.
- A complete description of the proposed work (this will generally be simply a single sentence describing 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 notice is being served.
- If the work includes excavations, a drawing showing the depth, position etc
If the prepared work is a new limit wall up to or astride the boundary line the procedure of serving a notice under the Party Wall Act is as follows:.
- The individual planning to perform the work should serve a composed notice at least one months before the desired start of the work to every neighbouring party providing details of the work to be carried out.
- Each neighbouring party should react in composing 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 notification into conflict. No official agreement is needed for a wall up to the boundary 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 agreed in writing to the notice (or a modified notice).
See listed below regarding what happens in case of a dispute/objection.
If the prepared 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 should give written contract within 2 week or a conflict is considered to have actually taken place.
See below regarding what takes place in the event of a dispute/objection.
What takes place if a dispute arises.
If contract can not be reached between neighbouring celebrations, the process is as follows:.
- A Property surveyor or Surveyors is/are selected to figure out a objective and fair Award, either:.
- A single ‘Agreed Surveyor’ (someone appropriate to all celebrations).
- Each party selects their own Property surveyor to represent the private celebrations.
The person who is performing the work will normally have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the viewpoint of the Surveyor. It should be kept in mind that any Surveyor should act within their statutory responsibilities and propose a objective and fair Award.
- A single ‘Agreed Surveyor’ (someone appropriate to all celebrations).
- The Agreed Surveyor, or the specific Surveyors jointly, will produce an Award which must be impartial and fair to all celebrations.
- Once an Award has been made, all celebrations have 2 week to attract a County Court versus the Award.
When you have contract.
All work must comply with the notification when you have contract. All the agreements must be kept to make sure that a record of the granted permission is kept; a subsequent buyer of the residential or commercial property 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 given a quick overview of the Party Wall Act here as it impacts garden work but take a look at the Neighborhoods and Local Government site for a more thorough explanatory booklet including example letters for actions and notifications.
- Discussing designated deal with neighbours is complimentary and can prevent misconception which might occur if a notification arrives unexpectedly.
- Your local Structure Control Office may be able to provide complimentary suggestions concerning the Party Wall Act and how it applies to particular scenarios.
Around the Web