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.
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:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is used to separate the properties but is not part of any structure.
- Excavation near to a neighbouring residential or commercial property.
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:
- To demolish and/or rebuild/build a party limit wall.
- To increase the height or thickness of a party border wall.
- Excavations within 3 metres of a neighbouring building 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 listed below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
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):.
- The owners of the residential or commercial property carrying out the work.
- The address of the property.
- A full description of the proposed work (this will usually be simply a single sentence laying out the work).
- The proposed start date for the work.
- A clear declaration 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 revealing the depth, position and so on
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:.
- The individual meaning to carry out the work needs to serve a written notification a minimum of one months prior to the desired start of the work to every neighbouring party offering information of the work to be performed.
- Each neighbouring party must respond in composing providing consent or registering dissent – if a neighbouring party does nothing within 14 days of getting the notification, the effect is to put the notice into dispute. No formal agreement is required for a wall up to the border line, the neighbour just needs not to object in composing.
- No work may start on a wall astride the boundary line until all neighbouring celebrations have actually agreed in writing to the notification (or a modified notification).
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:.
- A Property surveyor or Surveyors is/are selected to identify a impartial and fair Award, either:.
- A single ‘Concurred Property surveyor’ (somebody acceptable to all parties).
or. - Each party designates their own Property surveyor to represent the specific parties.
The person who is carrying out the work will typically need 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 Surveyor. However it ought to be kept in mind that any Surveyor needs to act within their statutory duties and propose a impartial and reasonable Award.
- A single ‘Concurred Property surveyor’ (somebody acceptable to all parties).
- The Agreed Surveyor, or the individual Surveyors collectively, will produce an Award which must be impartial and fair to all parties.
- When an Award has been made, all parties have 14 days to attract a County Court versus the Award.
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:
- We’ve just given a short summary of the Party Wall Act here as it impacts garden work but take a look at the Communities and Local Government site for a more detailed explanatory pamphlet consisting of example letters for notifications and actions.
- If a notification gets here unexpectedly, going over desired work with neighbours is free and can avoid misconception which might emerge.
- Your local Building Control Workplace might have the ability to provide free suggestions relating to the Party Wall Act and how it applies to particular scenarios.
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