Faulkners Surveyors is an independent company of structure property surveyors that specialise in the
Party Wall and so on. Act 1996 acting for Structure Owners, Adjoining Owners and as the Agreed Property Surveyor throughout London and the House Counties.
Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall surface, likewise recognized as usual wall or as a demising wall surface) is a dividing partition in between 2 adjoining buildings that is shared by the owners of each house or company. Normally, the builder lays the wall surface along a residential property line dividing 2 terraced houses, to ensure that one fifty percent of the wall surface’s thickness pushes each side. This sort of wall surface is generally structural. Celebration walls can likewise be formed by 2 abutting walls constructed at various times. The term can be additionally utilized to define a division between different units within a multi-unit home complex. Very usually the wall in this instance is non-structural but developed to meet well established standards for noise and/or fire security, i.e. a firewall program.
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 building, however it does affect the construction of border 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 responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with a relevant structure or if your neighbour is.
The Party Wall Act does not apply to limit fences.
The Party Wall Act does not impact any requirement for Planning Approval for any work undertaken. Having Planning Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into impact if somebody is preparing to do deal with a relevant structure, for the functions of the Act ‘party wall’ does not simply indicate the wall in between two semi-detached residential or commercial properties, 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 structure.
- Excavation close to a neighbouring property.
For details of how the Party Wall Act impacts building work in basic, take a look at this page.
Just like all work impacting neighbours, it is always much better to reach a friendly arrangement rather than turn to any law. Even where the work needs a notice to be served, it is much better to informally discuss the designated work, think about the neighbours remarks, and change your plans (if suitable) prior to serving the notice.
What garden work needs a notification and approval.
The general principle of the Party Wall Act is that all work which may have a result upon the structural strength or assistance function of the party wall or may trigger damage to the neighbouring side of the wall must be notified. Suggestions should be looked for from a local Structure Control Office or professional surveyor/architect if in doubt.
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 structures of the neighbouring building.
- Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
Boundary walls
A notice should be released to all impacted neighbouring parties if the planned work on a boundary 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 property carrying out the work.
- The address of the residential or commercial property.
- A full description of the proposed work (this will normally be just a single sentence outlining 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 involves excavations, a drawing revealing the depth, position and so on
If the planned work is a new border wall up to or astride the limit line the process of serving a notification under the Party Wall Act is as follows:.
- The individual meaning to carry out the work should serve a written notice at least one months prior to the designated start of the work to every neighbouring party providing details of the work to be carried out.
- Each neighbouring party needs to react in composing providing consent or signing up dissent – if a neighbouring party not does anything within 14 days of getting the notice, the impact is to put the notice into disagreement. No official agreement is required for a wall up to the boundary line, the neighbour simply requires not to object in composing.
- No work might start on a wall astride the boundary line until all neighbouring celebrations have agreed in writing to the notification (or a revised notification).
See listed below regarding what occurs 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 prior to the planned start day of the work. Neighbouring celebrations need to offer written contract within 2 week or a conflict is deemed to have actually taken place.
See below concerning what happens in case of a dispute/objection.
What takes place if a conflict occurs.
If contract can not be reached between neighbouring parties, the process is as follows:.
- A Surveyor or Surveyors is/are selected to determine a fair and objective Award, either:.
- A single ‘Agreed Property surveyor’ (someone acceptable to all celebrations).
or. - Each party appoints their own Surveyor to represent the specific parties.
The person who is performing the work will generally have 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 Property surveyor. It ought to be kept in mind that any Surveyor needs to act within their statutory duties and propose a objective and fair Award.
- A single ‘Agreed Property surveyor’ (someone acceptable to all celebrations).
- The Agreed Surveyor, or the private Surveyors collectively, will produce an Award which should be neutral and reasonable to all parties.
- When an Award has been made, all celebrations have 2 week to appeal to a County Court against the Award.
Once you have arrangement.
As soon as you have contract, all work must comply with the notice. All the arrangements ought to be kept to guarantee that a record of the granted permission is kept; a subsequent purchaser of the property may want to develop that the work was carried out in accordance with the Party Wall Act requirements.
Remember:
- We’ve just given a short summary of the Party Wall Act here as it impacts garden work however take a look at the Communities and Local Government website for a more extensive explanatory brochure consisting of example letters for responses and notifications.
- Going over intended work with neighbours is totally free and can prevent misunderstanding which may develop if a notification arrives unexpectedly.
- Your local Building Control Office might have the ability to give free advice regarding the Party Wall Act and how it applies to specific circumstances.
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