Party wall Leyland matters
This information only applies in England and Wales.
You’ll need a party wall agreement for repairs if you’re a residential or commercial property owner who has concurred minor repair works with a neighbour of a shared limit. For more comprehensive works, you’ll require to serve a party wall notice.
What is the legal background to party walls?
The Party Wall Act applies to a lot of work carried out to party walls. If it applies, it means that you will need to serve notice of the proposed works on your neighbour( s) and, if they do not consent to the work, you’ll need to select a property surveyor to prepare a Party Wall Award.
However, if works to the party wall are so small, that service of notice under the Act is not needed (eg straightforward repairs, such as replastering, or cutting into the party wall to replace or include recessed electric electrical wiring and sockets) you can utilize a basic Party Wall Agreement to record the work to be undertaken.
What is a party wall?
The term “party wall” includes the following:
- a wall that stands on the land of 2 (or more) types and owners part of a structure – this wall can be part of one building only or separate buildings belonging to various owners
- a wall that bases on the land of 2 owners however does not form part of a building, such as garden wall (however not including timber fences).
- a wall that is on one person’s land but is used by 2 (or more) owners of separate properties.
What works are covered by the Party Wall Act?
- Building a brand-new wall or building on or at the boundary of two homes.
- Cutting into or performing work to a party wall or structure.
- Making a party wall taller, much shorter or deeper.
- Getting rid of chimney breasts from a party wall.
- Knocking down and restoring a party wall.
- Digging below the structure level of a neighbour’s property.
Types of notice.
- Party structure notice, for changes that straight impact the party wall and include typical tasks, such as cutting holes to place padstones and beams, cutting in flashings and getting rid of chimney breasts.
- Notification of surrounding excavation, for when you are excavating within 3 or 6 metres of your neighbour’s building.
- Line of junction notice, for the construction of a brand-new wall adjacent to a limit, or the building and construction of a new wall astride a limit.
When do you need to serve notice?
If your works are governed by the Party Wall Act, you’ll need to serve a party wall notice on every neighbouring home impacted at least two months before the works start. As soon as notice has been served, you can take up to a year to start work.
If you begin work without having initially notified in the correct way, your neighbours might seek to stop your resolve a court injunction or look for other legal redress.
What occurs after you serve notice?
When see about intended work is served, your neighbour might either:.
- Provide their approval in composing, or.
- Disagree with the works proposed in writing, or.
- Do nothing.
If, after a duration of 2 week from the service of your notification, the person getting the notification has not done anything, a disagreement is regarded as having arisen. Any disagreements will be dealt with by a surveyor.
When do you require a party wall agreement or award?
You’ll require a party wall agreement if you’re going to perform building and construction or alterations which include:
- Work performed on a wall,.
- Flooring or ceiling shared with another property,.
- Building on the boundary with another property,.
- Excavating within 6 meters of an adjacent structure,.
- Repairing a party wall or spouts, fall pipes, drains, drains, wire avenues, flues, chimney stacks, eaves or troughs utilized in common with neighbours.
To find out more, see the Department for Communities and City Government (Guidance for performing building work under the Party Wall Act 1996).
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Learn More about Party Wall
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.
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