We are Party Wall Surveyors specialising in party wall problems in UK. We have more than twenty 5 years experience of working in UK, acting for experts, services, along with for people.
Each quick is distinct, and our devoted group of party wall property surveyors is experienced in dealing with all manner of problems relating to party walls. We are proud to use a bespoke service to match the varying requirements of our clients.
This website is created to supply standard information as well as providing you the chance to contact us straight with your issues and requirements, thus enabling our professional Party Wall Surveyors to recommend you accordingly.
The present legislation handling party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or foundations (consisting of stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors offers a special specific niche service, which enables you to have the very best quality service at competitively priced costs.
For more information contact one of our Faulkners Surveyors Party Wall property surveyors on 03300100262.
Party Wall (WikiPedia)
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 affect garden construction, nevertheless it does impact the building of limit walls even if not part of structures 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 an appropriate 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 Preparation Authorization for any work carried out. Likewise, having Planning Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into impact if somebody is planning 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 gardeners are worried it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is utilized to separate the properties but is not part of any building.
- Excavation close to a neighbouring home.
For details of how the Party Wall Act affects building work in basic, take a look at this page.
As with all work affecting neighbours, it is always much better to reach a friendly contract instead of turn to any law. Even where the work requires a notice to be served, it is much better to informally talk about the desired work, think about the neighbours remarks, and modify your plans (if proper) prior to serving the notification.
What garden work needs a notification and permission.
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 need to be informed. Suggestions must be sought from a local Building Control Workplace or professional surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act include:
- To destroy 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 listed below the bottom of the foundations of the neighbouring building.
- 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 structures of the neighbouring building.
If the prepared work on a boundary wall falls under the Party Wall Act, a notification must be released to all impacted neighbouring celebrations. The notice should include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the residential or commercial property undertaking the work.
- The address of the home.
- A full description of the proposed work (this will usually be just a single sentence outlining 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 showing the depth, position etc
If the planned work is a new border wall approximately or astride the limit line the procedure of serving a notice under the Party Wall Act is as follows:.
- The person meaning to perform the work needs to serve a composed notification at least one months before the designated start of the work to every neighbouring party offering details of the work to be performed.
- Each neighbouring party needs to respond in writing providing authorization or registering dissent – if a neighbouring party does nothing within 2 week of receiving the notice, the impact is to put the notice into conflict. No formal arrangement is needed for a wall up to the boundary line, the neighbour just needs not to object in composing.
- No work may start on a wall astride the limit line until all neighbouring parties have agreed in writing to the notification (or a modified notification).
See below regarding what takes place in case of a dispute/objection.
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 prior to the prepared start day of the work. Neighbouring celebrations need to offer written contract within 2 week or a dispute is considered to have happened.
See listed below concerning what happens in the event of a dispute/objection.
If a disagreement arises, what takes place.
If arrangement can not be reached between neighbouring celebrations, the procedure is as follows:.
- A Property surveyor or Surveyors is/are designated to identify a reasonable and unbiased Award, either:.
- A single ‘Concurred Surveyor’ (somebody acceptable to all parties).
- Each party appoints their own Surveyor to represent the individual celebrations.
The person who is carrying out the work will generally need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the opinion of the Surveyor. However it should be noted that any Surveyor should act within their statutory responsibilities and propose a neutral and reasonable Award.
- A single ‘Concurred Surveyor’ (somebody acceptable to all parties).
- The Agreed Property surveyor, or the private Surveyors jointly, will produce an Award which must be objective and fair to all celebrations.
- When an Award has been made, all parties have 14 days to attract a County Court against the Award.
As soon as you have contract.
All work must comply with the notification when you have agreement. All the agreements need to be retained to guarantee that a record of the granted permission is kept; a subsequent purchaser of the property may wish to develop that the work was carried out in accordance with the Party Wall Act requirements.
- We’ve only provided a quick overview of the Party Wall Act here as it impacts garden work however have a look at the Neighborhoods and Local Government website for a more thorough explanatory brochure consisting of example letters for notifications and actions.
- Talking about intended deal with neighbours is free and can prevent misunderstanding which might emerge if a notification gets here unexpectedly.
- Your local Building Control Office might have the ability to provide complimentary advice concerning the Party Wall Act and how it applies to specific circumstances.
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