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:

Party Wall (WikiPedia)

Usually, the contractor lays the wall along a home line dividing 2 terraced houses, so that one fifty percent of the wall’s density lies on each side. This type of wall is normally structural. Event walls can also be created by two abutting wall surfaces constructed at different times.

party wall

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:

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:

Boundary walls

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):.

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:.

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

Excavations.

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:.

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:

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