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The present legislation handling party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or structures (consisting of stacked structures).
Our group of Faulkners Surveyors Party Wall Surveyors supplies a special specific niche service, which allows you to have the very best quality service at competitively priced fees.
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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 building, however it does impact the construction of limit walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 entered force in 1997, so it is now law and offers you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with a pertinent structure or if your neighbour is.
The Party Wall Act does not apply to boundary fences.
The Party Wall Act does not affect any requirement for Planning Consent for any work undertaken. Having Planning Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into impact if somebody is preparing to do deal with a pertinent structure, for the purposes of the Act ‘party wall’ does not simply indicate the wall 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 utilized to separate the residential or commercial properties but is not part of any structure.
- Excavation near to a neighbouring residential or commercial property.
For details of how the Party Wall Act affects building operate in basic, have a look at this page.
As with all work affecting neighbours, it is constantly much better to reach a friendly contract instead of turn to any law. Even where the work needs a notification to be served, it is much better to informally discuss the desired work, think about the neighbours remarks, and amend your plans (if appropriate) before serving the notice.
What garden work needs a notification and permission.
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 cause damage to the neighbouring side of the wall need to be alerted. Recommendations must be sought from a local Structure Control Workplace or professional surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act include:
- To demolish and/or rebuild/build a party limit wall.
- To increase the height or density of a party border wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go below the bottom of the foundations of the neighbouring structure.
- Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring building.
Boundary walls
A notice should be released to all impacted neighbouring celebrations if the planned work on a boundary wall falls under the Party Wall Act. The notice must consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property undertaking the work.
- The address of the property.
- A complete description of the proposed work (this will typically be just a single sentence describing the work).
- The proposed start date for the work.
- A clear statement that the notification is being served under The Party Wall etc Act 1996.
- The date the notice is being served.
- If the work involves excavations, a drawing revealing the depth, position etc
If the planned work is a 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 individual intending to perform the work should serve a composed notification a minimum of one months before the designated start of the work to every neighbouring party offering information of the work to be performed.
- Each neighbouring party ought to respond in writing giving authorization or signing up dissent – if a neighbouring party does nothing within 2 week of getting the notice, the effect is to put the notice into disagreement. No formal contract is required for a wall up to the limit line, the neighbour just needs not to object in composing.
- No work might start on a wall astride the limit line up until all neighbouring celebrations have agreed in writing to the notification (or a revised notification).
See below concerning what takes place 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 planned start day of the work. Neighbouring parties must give written arrangement within 14 days or a disagreement is considered to have actually taken place.
See below concerning what takes place in the event of a dispute/objection.
What occurs if a disagreement emerges.
If agreement can not be reached between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are selected to identify a reasonable and unbiased Award, either:.
- A single ‘Concurred Surveyor’ (somebody appropriate to all parties).
or. - Each party selects their own Property surveyor to represent the individual celebrations.
The individual who is performing the work will generally have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the viewpoint of the Property surveyor. It must be kept in mind that any Property surveyor should act within their statutory obligations and propose a neutral and reasonable Award.
- A single ‘Concurred Surveyor’ (somebody appropriate to all parties).
- The Agreed Surveyor, or the private Surveyors jointly, will produce an Award which must be fair and impartial to all celebrations.
- When an Award has been made, all celebrations have 14 days to attract a County Court versus the Award.
Once you have arrangement.
As soon as you have contract, all work should comply with the notice. All the agreements need to be maintained to ensure that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property might want to establish that the work was carried out in accordance with the Party Wall Act requirements.
Remember:
- We’ve just offered a short summary of the Party Wall Act here as it impacts garden work but have a look at the Neighborhoods and City government site for a more comprehensive explanatory pamphlet consisting of example letters for actions and notifications.
- Going over designated deal with neighbours is complimentary and can avoid misconception which may develop if a notice shows up unexpectedly.
- Your regional Structure Control Workplace may have the ability to give free suggestions concerning the Party Wall Act and how it applies to particular situations.
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