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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.

party wall

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 affect garden building and construction, however it does affect the construction of border walls even if not part of buildings and can likewise applies to deep excavations.

The Party Wall Act 1996 entered into force in 1997, so it is now law and provides you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on an appropriate 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 Approval for any work undertaken. Having Preparation Authorization does not negate the requirements under the Party Wall Act.

The Party Wall Act comes into impact if someone is planning to do work on a relevant structure, for the purposes of the Act ‘party wall’ does not just indicate the wall in between 2 semi-detached residential or commercial properties, as far as gardeners are worried it covers:

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

Just like all work affecting neighbours, it is constantly better to reach a friendly contract instead of resort to any law. Even where the work needs a notification to be served, it is much better to informally discuss the designated work, consider the neighbours comments, and modify your strategies (if appropriate) before serving the notification.

What garden work requires a notification and permission.

The general concept 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 might cause damage to the neighbouring side of the wall must be notified. Advice should be sought from a regional Building Control Office or expert surveyor/architect if in doubt.

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

Boundary walls

A notice should be provided to all affected neighbouring celebrations if the planned work on a border wall falls under the Party Wall Act. The notice needs to include (see sample letters in Part 5 of the Party Wall brochure):.

If the prepared work is a new limit wall as much as or astride the boundary line the process of serving a notice 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 notice needs to be served at least one month before the prepared start day of the work. Neighbouring celebrations should provide written agreement within 14 days or a conflict is deemed to have occurred.

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

If a conflict develops, what happens.

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

Once you have arrangement.

All work should comply with the notification when you have contract. All the agreements ought to be kept to guarantee that a record of the granted permission is kept; a subsequent purchaser 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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