Party wall Solihull matters
This info just uses in England and Wales.
You’ll require a party wall agreement for repair work if you’re a home owner who has concurred minor repair work works with a neighbour of a shared boundary. For more comprehensive works, you’ll need to serve a party wall notice.
What is the legal background to party walls?
The Party Wall Act applies to most work performed to party walls. If it applies, it suggests that you will have to serve notice of the proposed works on your neighbour( s) and, if they do not consent to the work, you’ll have to select a surveyor to prepare a Party Wall Award.
However, if works to the party wall are so minor, that service of notice under the Act is not essential (eg simple repair work, such as replastering, or cutting into the party wall to replace or include recessed electric electrical wiring and sockets) you can utilize a simple Party Wall Agreement to record the work to be carried out.
What is a party wall?
The term “party wall” includes the following:
- a wall that stands on the land of two (or more) owners and forms part of a structure – this wall can be part of one structure only or separate structures coming from different owners
- a wall that stands on the land of 2 owners however does not form part of a building, such as garden wall (however not consisting of wood fences).
- a wall that is on someone’s land but is used by 2 (or more) owners of separate residential or commercial properties.
What works are covered by the Party Wall Act?
- Developing a brand-new wall or building on or at the limit of 2 residential or commercial properties.
- Cutting into or carrying out work to a party wall or structure.
- Making a party wall taller, shorter or deeper.
- Eliminating chimney breasts from a party wall.
- Knocking down and rebuilding a party wall.
- Digging listed below the foundation level of a neighbour’s home.
Types of notification.
- Party structure notice, for modifications that directly affect the party wall and include typical tasks, such as cutting holes to place beams and padstones, 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 building and construction of a new wall adjacent to a limit, or the construction of a brand-new wall astride a boundary.
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 residential or commercial property impacted a minimum of two months prior to the works begin. You can take up to a year to begin work as soon as notice has actually been served.
Your neighbours might seek to stop your work through a court injunction or look for other legal redress if you begin work without having actually first offered notification in the appropriate way.
What happens after you serve notice?
When notice about intended work is served, your neighbour may either:.
- Give their approval in composing, or.
- Disagree with the works proposed in writing, or.
- Do nothing.
If, after a duration of 14 days from the service of your notification, the person receiving the notice has not done anything, a disagreement is considered having actually developed. Any disagreements will be handled by a property surveyor.
When do you need a party wall agreement or award?
You’ll require a party wall agreement if you’re going to perform construction or modifications which include:
- Work performed on a wall,.
- Flooring or ceiling shared with another home,.
- Building on the border with another home,.
- Excavating within six meters of an adjoining structure,.
- Fixing a party wall or spouts, fall pipelines, sewage systems, drains, wire avenues, flues, chimney stacks, eaves or troughs utilized in common with neighbours.
To learn more, see the Department for Communities and Local 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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