PARTY WALL SURVEYORS

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

Party Wall and so on. Act 1996 acting for Building Owners, Adjoining Owners and as the Agreed Property Surveyor throughout London and the House Counties.

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 construction, nevertheless it does impact the building of limit 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 gives you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with a relevant structure or if your neighbour is.

The Party Wall Act does not apply to limit fences.

The Party Wall Act does not affect any requirement for Planning Consent for any work undertaken. Similarly, having Preparation Approval does not negate the requirements under the Party Wall Act.

The Party Wall Act comes into effect if somebody is preparing to do work on a pertinent structure, for the purposes of the Act ‘party wall’ does not just indicate the wall in between two semi-detached residential or commercial properties, as far as gardeners are worried it covers:

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

As with all work affecting neighbours, it is always much better to reach a friendly agreement instead of turn to any law. Even where the work needs a notice to be served, it is much better to informally talk about the desired work, consider the neighbours comments, and modify your plans (if proper) before serving the notice.

What garden work requires a notice and authorization.

The basic principle of the Party Wall Act is that all work which might have an effect upon the structural strength or support function of the party wall or may cause damage to the neighbouring side of the wall must be alerted. If in doubt, suggestions needs to be looked for from a regional Structure Control Office or professional surveyor/architect.

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

Boundary walls

A notification should be provided to all affected neighbouring parties if the planned work on a boundary wall falls under the Party Wall Act. The notification should consist of (see sample letters in Part 5 of the Party Wall leaflet):.

If the planned work is a new boundary wall as much as or astride the boundary line the process of serving a notification under the Party Wall Act is as follows:.

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

Excavations.

If the planned 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 prior to the planned start day of the work. Neighbouring parties need to give written contract within 2 week or a conflict is considered to have actually taken place.

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

What happens if a disagreement arises.

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

When you have contract.

All work needs to comply with the notice when you have contract. All the agreements must be maintained to ensure that a record of the granted permission is kept; a subsequent buyer of the home might want to establish that the work was carried out in accordance with the Party Wall Act requirements.

Remember:

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