PARTY WALL SURVEYORS

Faulkners Surveyors is an independent firm of building surveyors that specialise in the

Party Wall etc. Act 1996 acting for Building Owners, Adjoining Owners and as the Agreed Surveyor throughout London and the Home Counties.

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The Party Wall Act 1996

as it impacts the garden

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

The Party Wall Act 1996 came into force in 1997, so it is now law and offers you rights and duties 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 impact any requirement for Planning Approval for any work carried out. Having Planning Approval does not negate the requirements under the Party Wall Act.

The Party Wall Act enters impact if somebody is preparing to do deal with a relevant structure, for the functions of the Act ‘party wall’ does not simply indicate the wall between 2 semi-detached properties, as far as gardeners are concerned it covers:

For information of how the Party Wall Act impacts building operate in general, take a look at this page.

As with all work affecting neighbours, it is constantly better to reach a friendly contract rather than turn to any law. Even where the work needs a notification to be served, it is better to informally go over the intended work, think about the neighbours remarks, and modify your strategies (if proper) before serving the notification.

What garden work requires a notification and consent.

The basic concept of the Party Wall Act is that all work which might 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 must be sought from a local Building Control Workplace or professional surveyor/architect if in doubt.

Operate in the garden covered by the Party Wall Act include:

Boundary walls

If the planned work on a boundary wall falls under the Party Wall Act, a notification should be released to all affected neighbouring parties. The notice should include (see sample letters in Part 5 of the Party Wall leaflet):.

If the prepared work is a new boundary wall up to or astride the limit line the process of serving a notice under the Party Wall Act is as follows:.

See listed below concerning what happens in the event of a dispute/objection.

Excavations.

If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served at least one month before the prepared start day of the work. Neighbouring parties should offer written agreement within 2 week or a disagreement is considered to have actually happened.

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

What takes place if a dispute occurs.

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

Once you have contract.

As soon as you have arrangement, all work must abide by the notice. All the arrangements ought to be retained to guarantee that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property might wish to establish that the work was carried out in accordance with the Party Wall Act requirements.

Keep in mind:

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