We are Party Wall Surveyors specialising in party wall issues in UK. We have over twenty 5 years experience of operating in UK, acting for professionals, businesses, as well as for people.
Each brief is distinct, and our devoted group of party wall property surveyors is experienced in dealing with all manner of problems relating to party walls. We are proud to use a bespoke service to match the differing needs of our clients.
This website is created to offer fundamental details in addition to providing you the chance to call us directly with your requirements and problems, therefore allowing our professional Party Wall Surveyors to recommend you appropriately.
The current legislation handling party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or structures (consisting of piled foundations).
Our group of Faulkners Surveyors Party Wall Surveyors offers a special specific niche service, which enables you to have the very best quality service at competitively priced charges.
To learn more 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 impacts the garden
At first sight, it is easy to believe that the 1996 Party Wall Act does not impact garden construction, however it does impact the building of boundary walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 entered force in 1997, so it is now law and gives you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on 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 Planning Permission for any work undertaken. Having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into result if someone is preparing to do work on an appropriate structure, for the functions of the Act ‘party wall’ does not just imply the wall in between two semi-detached homes, as far as gardeners are concerned it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is used to separate the residential or commercial properties however is not part of any building.
- Excavation near to a neighbouring home.
For information of how the Party Wall Act affects structure work in basic, have a look at this page.
As with all work affecting neighbours, it is constantly much better to reach a friendly arrangement instead of turn to any law. Even where the work requires a notification to be served, it is better to informally go over the intended work, think about the neighbours comments, and change your plans (if suitable) before serving the notification.
What garden work needs a notice and authorization.
The general principle of the Party Wall Act is that all work which may have an effect upon the structural strength or support function of the party wall or may trigger damage to the neighbouring side of the wall need to be informed. Recommendations needs to be looked for from a local Building Control Office or expert surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or demolish boundary 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 listed below the bottom of the foundations of the neighbouring structure.
- 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 structures of the neighbouring structure.
If the planned work on a border wall falls under the Party Wall Act, a notice should be issued to all affected neighbouring celebrations. The notification must include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property undertaking the work.
- The address of the residential or commercial property.
- A complete description of the proposed work (this will usually be just a single sentence detailing 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 notification is being served.
- If the work involves excavations, a drawing revealing the depth, position and so on
If the prepared work is a brand-new boundary wall as much as or astride the border line the procedure of serving a notification under the Party Wall Act is as follows:.
- The person intending to perform the work should serve a written notification a minimum of one months prior to the desired start of the work to every neighbouring party offering details of the work to be performed.
- Each neighbouring party must respond in composing offering permission or signing up dissent – if a neighbouring party not does anything within 2 week of getting the notice, the effect is to put the notification into disagreement. Nevertheless no formal contract is needed for a wall up to the boundary line, the neighbour just needs not to object in writing.
- No work may begin on a wall astride the border line until all neighbouring parties have actually agreed in writing to the notification (or a modified notice).
See below regarding what occurs in case of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notification needs to be served at least one month before the prepared start day of the work. Neighbouring celebrations need to offer written contract within 2 week or a conflict is considered to have occurred.
See listed below concerning what takes place in the event of a dispute/objection.
What occurs if a disagreement emerges.
If arrangement can not be reached between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are appointed to figure out a fair and neutral Award, either:.
- A single ‘Concurred Property surveyor’ (someone appropriate to all parties).
- Each party selects their own Surveyor to represent the private celebrations.
The person who is performing the work will typically have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the viewpoint of the Surveyor. It must be kept in mind that any Surveyor must act within their statutory obligations and propose a reasonable and unbiased Award.
- A single ‘Concurred Property surveyor’ (someone appropriate to all parties).
- The Agreed Property surveyor, or the individual Surveyors collectively, will produce an Award which should be unbiased and fair to all parties.
- Once an Award has been made, all celebrations have 2 week to interest a County Court against the Award.
Once you have contract.
All work must comply with the notification as soon as you have agreement. All the agreements must be retained to guarantee that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property may want to establish that the work was carried out in accordance with the Party Wall Act requirements.
- We’ve just offered a quick overview of the Party Wall Act here as it impacts garden work however have a look at the Communities and City government website for a more detailed explanatory pamphlet consisting of example letters for notifications and responses.
- Discussing intended work with neighbours is complimentary and can avoid misunderstanding which might emerge if a notification shows up suddenly.
- Your regional Structure Control Office might be able to give complimentary recommendations concerning the Party Wall Act and how it applies to specific scenarios.
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