The Faulkners Surveyors is a specialist Chartered Structure Surveying Practice that runs throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall etc. Act 1996 and offers the following services:
Neutral recommendations on all Party Wall Matters
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Surveyor for either Adjoining Owners or Structure Owners
Acting as the Agreed Party Wall Surveyor
Undertaking Schedules of Condition studies
Preparation and settlement of Party Wall Awards (Agreements).
Party Wall (WikiPedia)
The Party Wall Act 1996
as it effects the garden
At first sight, it is easy to believe that the 1996 Party Wall Act does not affect garden building and construction, nevertheless it does impact the building of limit 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 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 boundary fences.
The Party Wall Act does not affect any requirement for Planning Authorization for any work undertaken. Also, having Preparation Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into effect if somebody is preparing to do work on a pertinent structure, for the purposes of the Act ‘party wall’ does not simply indicate the wall in between 2 semi-detached 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 utilized to separate the homes however is not part of any building.
- Excavation near to a neighbouring property.
For information of how the Party Wall Act impacts structure work in general, take a look at this page.
Just like all work impacting neighbours, it is always much better to reach a friendly arrangement 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 intended work, think about the neighbours remarks, and change your plans (if suitable) before serving the notice.
What garden work needs a notice and approval.
The general 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 might trigger damage to the neighbouring side of the wall should be informed. If in doubt, advice needs to be sought from a local Building Control Office or expert surveyor/architect.
Work in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or demolish limit wall.
- To increase the height or density of a party boundary wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go listed below the bottom of the structures 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 work on a border wall falls under the Party Wall Act, a notice must be provided to all affected neighbouring parties. The notification needs to include (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 complete description of the proposed work (this will generally be just a single sentence describing 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 showing the depth, position etc
If the planned work is a brand-new border wall as much as or astride the boundary line the procedure of serving a notice under the Party Wall Act is as follows:.
- The individual intending to perform the work should serve a written notification at least one months prior to the desired start of the work to every neighbouring party giving details of the work to be carried out.
- Each neighbouring party ought to respond in composing offering permission or signing up dissent – if a neighbouring party does nothing within 14 days of getting the notice, the impact is to put the notice into disagreement. Nevertheless no official agreement is required for a wall up to the border line, the neighbour simply needs not to object in composing.
- No work may commence on a wall astride the border line till all neighbouring celebrations have agreed in writing to the notification (or a revised notification).
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 needs to be served at least one month prior to the prepared start day of the work. Neighbouring parties must provide written contract within 14 days or a disagreement is deemed to have actually taken place.
See listed below concerning what takes place in the event of a dispute/objection.
If a disagreement emerges, what occurs.
If agreement can not be reached in between neighbouring celebrations, the procedure is as follows:.
- A Property surveyor or Surveyors is/are appointed to figure out a reasonable and neutral Award, either:.
- A single ‘Concurred Surveyor’ (someone appropriate to all parties).
- Each party appoints their own Surveyor to represent the specific parties.
The person who is carrying out the work will typically have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the viewpoint of the Property surveyor. It must be noted that any Property surveyor must act within their statutory responsibilities and propose a neutral and reasonable Award.
- A single ‘Concurred Surveyor’ (someone appropriate to all parties).
- The Agreed Surveyor, or the specific Surveyors jointly, will produce an Award which must be unbiased and reasonable to all parties.
- As soon as an Award has been made, all parties have 2 week to attract a County Court versus the Award.
When you have agreement.
As soon as you have agreement, all work needs to abide by the notification. All the arrangements need to be retained to guarantee that a record of the granted permission is kept; a subsequent buyer of the residential or commercial property might wish to establish that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually only given a short 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 comprehensive explanatory brochure consisting of example letters for notices and responses.
- Going over intended work with neighbours is totally free and can prevent misunderstanding which might arise if a notification arrives all of a sudden.
- Your local Building Control Workplace may be able to give totally free recommendations regarding the Party Wall Act and how it applies to particular situations.
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