What is a Party Wall Award?
A Party Wall Award is a contract made in between at least 2 neighbouring occupiers prior to the beginning of construction/building work which is to be undertaken to a party boundary or structure, or where works are being undertaken in close proximity to a party border or structure. There are three primary types of work which require a Party Wall Property surveyor to carry out a Party Wall Award and these are:
- Line of junction (developing a brand-new wall on or alongside a limit).
- Party Structure Functions (works to an existing party wall such as cutting into, rebuilding, thickening and so on).
- Nearby Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and across the UK, our knowledgeable business structure property surveyors perform a variety of professional surveying services including Party Wall Surveys (Party Wall Awards). At Commercial Building Surveyors we carry out Party Wall Studies by knowledgeable and professional Party Wall Surveyors throughout the UK.
Party Wall (WikiPedia)
A party wall (periodically parti-wall or parting wall, additionally called usual wall surface or as a demising wall surface) is a dividing dividers between two adjoining structures that is shared by the owners of each house or organization. Normally, the contractor lays the wall along a residential property line separating 2 terraced houses, so that one fifty percent of the wall’s thickness exists on each side. This sort of wall is typically structural. Celebration walls can additionally be formed by two abutting walls developed at different times. The term can be likewise made use of to describe a division in between different units within a multi-unit house facility. Extremely frequently the wall surface in this instance is non-structural yet designed to satisfy established requirements for noise and/or fire defense, i.e. a firewall.
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 construction, however 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 provides you rights and responsibilities 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 Preparation Approval for any work undertaken. Having Preparation Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if someone is planning to do deal with an appropriate structure, for the purposes of the Act ‘party wall’ does not simply imply the wall in between two semi-detached residential or commercial properties, as far as garden enthusiasts are worried it covers:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is utilized to separate the properties however is not part of any building.
- Excavation close to a neighbouring property.
For information of how the Party Wall Act impacts building work in general, have a look at this page.
As with all work affecting neighbours, it is constantly much better to reach a friendly contract instead of turn to any law. Even where the work needs a notice to be served, it is much better to informally talk about the desired work, consider the neighbours comments, and modify your strategies (if proper) prior to serving the notification.
What garden work requires a notification and authorization.
The general principle of the Party Wall Act is that all work which may have an impact upon the structural strength or support function of the party wall or may trigger damage to the neighbouring side of the wall should be alerted. If in doubt, advice must be sought from a regional Structure Control Office or professional surveyor/architect.
Operate in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or destroy border wall.
- To increase the height or thickness of a party boundary wall.
- Excavations within 3 metres of a neighbouring building 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 boundary wall falls under the Party Wall Act, a notification needs to be issued to all affected neighbouring parties. The notification needs to consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the 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 statement that the notification is being served under The Party Wall etc Act 1996.
- The date the notification is being served.
- If the work involves excavations, a drawing revealing the depth, position and so on
If the planned work is a new limit wall as much as or astride the border line the process of serving a notification under the Party Wall Act is as follows:.
- The individual meaning to perform the work must serve a written notification at least one months before the intended start of the work to every neighbouring party offering information of the work to be carried out.
- Each neighbouring party should react in writing offering consent or signing up dissent – if a neighbouring party does nothing within 2 week of receiving the notification, the effect is to put the notice into disagreement. No official contract is needed for a wall up to the border line, the neighbour simply requires not to object in composing.
- No work might begin on a wall astride the boundary line up until all neighbouring parties have actually concurred in writing to the notice (or a modified notice).
See listed below concerning what happens 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 prior to the prepared start day of the work. Neighbouring celebrations should give written agreement within 2 week or a dispute is deemed to have happened.
See below concerning what happens in the event of a dispute/objection.
What happens if a dispute emerges.
If contract can not be reached in between neighbouring parties, the procedure is as follows:.
- A Property surveyor or Surveyors is/are selected to determine a fair and objective Award, either:.
- A single ‘Agreed Property surveyor’ (somebody appropriate to all celebrations).
- Each party selects their own Property surveyor to represent the private parties.
The individual who is carrying out the work will typically have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the opinion of the Surveyor. It must be kept in mind that any Property surveyor needs to act within their statutory duties and propose a reasonable and neutral Award.
- A single ‘Agreed Property surveyor’ (somebody appropriate to all celebrations).
- The Agreed Surveyor, or the private Surveyors jointly, will produce an Award which needs to be neutral and reasonable to all celebrations.
- As soon as an Award has actually been made, all celebrations have 14 days to interest a County Court against the Award.
Once you have arrangement.
As soon as you have agreement, all work needs to comply with the notification. All the agreements must be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the property might want to develop that the work was performed in accordance with the Party Wall Act requirements.
- We have actually only offered a brief summary of the Party Wall Act here as it impacts garden work but take a look at the Communities and City government site for a more thorough explanatory pamphlet including example letters for reactions and notifications.
- If a notice gets here suddenly, talking about desired work with neighbours is complimentary and can prevent misconception which may develop.
- Your local Structure Control Office might be able to give free suggestions relating to the Party Wall Act and how it applies to specific situations.
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