The Faulkners Surveyors is a specialist Chartered Building Surveying Practice that runs throughout UK. The Faulkners Surveyors undertakes all elements of the Party Wall and so on. Act 1996 and supplies the following services:

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.

party wall

The Party Wall Act 1996

as it effects the garden

At first sight, it is simple to think that the 1996 Party Wall Act does not impact garden building, however it does affect the construction of border walls even if not part of buildings and can also applies to deep excavations.

The Party Wall Act 1996 entered into force in 1997, so it is now law and offers you rights and obligations 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 border fences.

The Party Wall Act does not affect any requirement for Planning Approval for any work carried out. Having Planning Authorization does not negate the requirements under the Party Wall Act.

The Party Wall Act comes into impact if someone is preparing to do deal with an appropriate structure, for the purposes of the Act ‘party wall’ does not just suggest the wall in between two semi-detached properties, as far as garden enthusiasts are worried it covers:

For information of how the Party Wall Act impacts structure work in general, have a look at this page.

As with all work impacting neighbours, it is always much better to reach a friendly arrangement instead of turn to any law. Even where the work needs a notice to be served, it is better to informally talk about the intended work, consider the neighbours remarks, and change your plans (if suitable) prior to serving the notification.

What garden work requires a notice and permission.

The general principle of the Party Wall Act is that all work which may have an impact upon the structural strength or assistance function of the party wall or might trigger damage to the neighbouring side of the wall should be informed. Recommendations needs to be sought from a regional Structure Control Workplace or expert surveyor/architect if in doubt.

Operate in the garden covered by the Party Wall Act consist of:

Boundary walls

A notification needs to be issued to all impacted neighbouring parties if the planned work on a limit wall falls under the Party Wall Act. The notification should include (see sample letters in Part 5 of the Party Wall leaflet):.

If the prepared work is a brand-new border wall approximately or astride the border line the process of serving a notification under the Party Wall Act is as follows:.

See listed below regarding what takes place in the event of a dispute/objection.

Excavations.

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 prepared start day of the work. Neighbouring parties need to provide written contract within 2 week or a disagreement is deemed to have taken place.

See below concerning what takes place in case of a dispute/objection.

What takes place if a dispute arises.

If arrangement can not be reached between neighbouring celebrations, the procedure is as follows:.

Once you have arrangement.

All work must comply with the notification as soon as you have arrangement. All the agreements should be maintained to guarantee that a record of the granted permission is kept; a subsequent buyer of the property might wish to establish that the work was performed in accordance with the Party Wall Act requirements.

Remember:

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