We are Party Wall Surveyors specialising in party wall concerns in UK. We have over twenty five years experience of operating in UK, acting for experts, organizations, along with for people.
Each short is unique, and our devoted group of party wall property surveyors is experienced in handling all manner of concerns associating with party walls. We are proud to provide a bespoke service to match the differing needs of our clients.
This website is developed to supply basic details along with providing you the chance to contact us straight with your issues and requirements, therefore allowing our specialist Party Wall Surveyors to advise you accordingly.
The current legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or foundations (including stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors provides a distinct specific niche service, which enables you to have the very best quality service at competitively priced charges.
For additional information contact among our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
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.
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 impact garden construction, however it does affect the building and construction of limit walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 entered into force in 1997, so it is now law and provides you rights and duties whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with an appropriate 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 Preparation Permission for any work carried out. Likewise, having Preparation Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into result if somebody is preparing to do work on a pertinent structure, for the purposes of the Act ‘party wall’ does not just suggest the wall between 2 semi-detached residential or commercial properties, as far as garden enthusiasts are concerned it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is utilized to separate the homes however is not part of any building.
- Excavation close to a neighbouring residential or commercial property.
For details of how the Party Wall Act impacts building operate in basic, take a look at this page.
As with all work affecting neighbours, it is constantly much better to reach a friendly arrangement rather than turn to any law. Even where the work requires a notification to be served, it is much better to informally go over the intended work, think about the neighbours comments, and modify your plans (if proper) before serving the notification.
What garden work needs a notification and authorization.
The general concept of the Party Wall Act is that all work which may have an effect upon the structural strength or assistance function of the party wall or might cause damage to the neighbouring side of the wall need to be alerted. Advice must be sought from a regional Structure Control Office or expert 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 density of a party limit wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the structures of the neighbouring structure.
- Excavations within 6 metres of a neighbouring building where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring structure.
A notification needs to be issued to all affected neighbouring celebrations if the planned work on a limit 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 home undertaking the work.
- The address of the home.
- A complete description of the proposed work (this will usually be simply a single sentence laying out 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 includes excavations, a drawing revealing the depth, position and so on
If the planned work is a brand-new border wall as much as or astride the limit line the process of serving a notification under the Party Wall Act is as follows:.
- The person intending to carry out the work needs to serve a composed notification at least one months before the designated start of the work to every neighbouring party giving information of the work to be carried out.
- Each neighbouring party should respond in composing giving consent or signing up dissent – if a neighbouring party does nothing within 14 days of getting the notice, the effect is to put the notification into disagreement. Nevertheless no official arrangement is required for a wall as much as the limit line, the neighbour just requires not to object in writing.
- No work may start on a wall astride the boundary line until all neighbouring celebrations have actually concurred in writing to the notification (or a revised notification).
See below regarding what occurs in case of a dispute/objection.
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 before the planned start day of the work. Neighbouring parties must give written arrangement within 14 days or a conflict is considered to have happened.
See below concerning what takes place in the event of a dispute/objection.
If a conflict occurs, what occurs.
If contract can not be reached in between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are selected to figure out a fair and objective Award, either:.
- A single ‘Concurred Property surveyor’ (someone acceptable to all celebrations).
- Each party selects their own Surveyor to represent the individual celebrations.
The individual who is carrying out the work will generally have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the viewpoint of the Property surveyor. Nevertheless it should be noted that any Surveyor must act within their statutory responsibilities and propose a fair and unbiased Award.
- A single ‘Concurred Property surveyor’ (someone acceptable to all celebrations).
- The Agreed Property surveyor, or the specific Surveyors collectively, will produce an Award which needs to be objective and fair to all parties.
- As soon as an Award has actually been made, all celebrations have 14 days to interest a County Court against the Award.
Once you have contract.
All work needs to comply with the notification once you have agreement. All the arrangements should be kept to ensure that a record of the granted permission is kept; a subsequent purchaser of the property might want to establish that the work was performed in accordance with the Party Wall Act requirements.
- We’ve just provided a short overview of the Party Wall Act here as it affects garden work however have a look at the Neighborhoods and Local Government website for a more extensive explanatory brochure including example letters for notifications and actions.
- Going over intended deal with neighbours is complimentary and can prevent misunderstanding which may emerge if a notification gets here all of a sudden.
- Your local Building Control Office might be able to provide free advice regarding the Party Wall Act and how it applies to particular scenarios.
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