We are Party Wall Surveyors specialising in party wall problems in UK. We have over twenty five years experience of working in UK, acting for experts, organizations, in addition to for individuals.
Each brief is unique, and our devoted team of party wall surveyors is experienced in handling all manner of problems associating with party walls. We are proud to offer a bespoke service to match the differing requirements of our customers.
This website is developed to provide fundamental information as well as using you the opportunity to call us straight with your issues and requirements, thus enabling our professional Party Wall Surveyors to advise you accordingly.
The existing legislation dealing with 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, adjacent excavations and/or foundations (consisting of stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors supplies a special specific niche service, which enables you to have the best quality service at competitively priced costs.
For additional information contact among our Faulkners Surveyors Party Wall property 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 simple to believe that the 1996 Party Wall Act does not impact garden construction, nevertheless it does affect the building and construction of limit walls even if not part of structures and can likewise applies to deep excavations.
The Party Wall Act 1996 entered into 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 a relevant structure or if your neighbour is.
The Party Wall Act does not apply to boundary fences.
The Party Wall Act does not impact any requirement for Planning Approval for any work undertaken. Having Planning Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into effect if somebody is planning to do deal with an appropriate structure, for the functions of the Act ‘party wall’ does not just imply the wall between 2 semi-detached properties, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is utilized to separate the residential or commercial properties but is not part of any structure.
- Excavation near to a neighbouring property.
For details of how the Party Wall Act affects building work in general, have a look at this page.
As with all work impacting neighbours, it is constantly better to reach a friendly agreement rather than turn to any law. Even where the work needs a notification to be served, it is much better to informally discuss the intended work, consider the neighbours remarks, and amend your strategies (if appropriate) prior to serving the notice.
What garden work needs a notice and authorization.
The basic principle of the Party Wall Act is that all work which might have a result upon the structural strength or assistance function of the party wall or might trigger damage to the neighbouring side of the wall need to be notified. Recommendations ought to be sought from a regional Structure Control Office or professional surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act include:
- To destroy and/or rebuild/build a party boundary wall.
- To increase the height or thickness of a party limit wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go listed below the bottom of the foundations of the neighbouring building.
- Excavations within 6 metres of a neighbouring structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
A notification should be provided to all impacted neighbouring parties if the prepared work on a border wall falls under the Party Wall Act. The notice must include (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the residential or commercial property carrying out the work.
- The address of the property.
- A complete description of the proposed work (this will typically 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 notification is being served.
- If the work includes excavations, a drawing showing the depth, position and so on
If the planned work is a brand-new limit wall approximately or astride the border line the procedure of serving a notice under the Party Wall Act is as follows:.
- The individual meaning to perform the work needs to serve a written notification a minimum of one months before the desired start of the work to every neighbouring party offering information of the work to be carried out.
- Each neighbouring party ought to react in composing giving approval or signing up dissent – if a neighbouring party does nothing within 14 days of receiving the notice, the result is to put the notice into disagreement. No formal arrangement is needed for a wall up to the boundary line, the neighbour just requires not to object in composing.
- No work might commence on a wall astride the limit line until all neighbouring celebrations have agreed in writing to the notification (or a modified notification).
See below regarding what takes place in the event of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice requires to be served a minimum of one month before the prepared start day of the work. Neighbouring celebrations must provide written arrangement within 14 days or a dispute is considered to have happened.
See listed below concerning what takes place in the event of a dispute/objection.
What occurs if a dispute emerges.
If agreement can not be reached in between neighbouring celebrations, the procedure is as follows:.
- A Property surveyor or Surveyors is/are selected to identify a reasonable and unbiased Award, either:.
- A single ‘Concurred Surveyor’ (someone appropriate to all celebrations).
- Each party designates their own Surveyor to represent the private parties.
The person who is carrying out the work will typically need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the opinion of the Property surveyor. It should be noted that any Property surveyor should act within their statutory obligations and propose a reasonable and unbiased Award.
- A single ‘Concurred Surveyor’ (someone appropriate to all celebrations).
- The Agreed Property surveyor, or the specific Surveyors jointly, will produce an Award which must be reasonable and objective to all celebrations.
- When an Award has been made, all celebrations have 14 days to attract a County Court versus the Award.
When you have arrangement.
Once you have agreement, all work should adhere to the notification. All the arrangements must be retained to make sure 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 performed in accordance with the Party Wall Act requirements.
- We’ve only offered a quick summary of the Party Wall Act here as it affects garden work but take a look at the Neighborhoods and City government website for a more detailed explanatory booklet including example letters for notifications and reactions.
- If a notification shows up suddenly, talking about desired work with neighbours is totally free and can prevent misunderstanding which might arise.
- Your regional Structure Control Workplace might be able to give complimentary recommendations regarding the Party Wall Act and how it applies to specific scenarios.
Around the Web