We are Party Wall Surveyors specialising in party wall concerns in UK. We have over twenty 5 years experience of working in UK, acting for experts, services, along with for people.
Each quick is special, and our devoted team of party wall surveyors is experienced in dealing with all manner of problems associating with party walls. We are proud to provide a bespoke service to match the varying needs of our customers.
This website is developed to supply basic information along with offering you the chance to contact us straight with your requirements and issues, therefore allowing our expert Party Wall Surveyors to advise you accordingly.
The existing 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, surrounding excavations and/or foundations (consisting of piled structures).
Our group of Faulkners Surveyors Party Wall Surveyors provides a special niche service, which allows you to have the best quality service at competitively priced fees.
For more information contact one of our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
The Party Wall Act 1996
as it impacts the garden
At first sight, it is simple to think that the 1996 Party Wall Act does not impact garden construction, nevertheless it does affect the building of border walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 entered force in 1997, so it is now law and gives you rights and duties 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 limit fences.
The Party Wall Act does not affect any requirement for Preparation Consent for any work carried out. Having Planning Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if someone is preparing to do work on an appropriate structure, for the purposes of the Act ‘party wall’ does not simply imply the wall between 2 semi-detached homes, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is used to separate the residential or commercial properties however is not part of any building.
- Excavation close to a neighbouring residential or commercial property.
For details of how the Party Wall Act affects structure work in general, take a look at this page.
Just like all work affecting neighbours, it is always much better to reach a friendly agreement rather than turn to any law. Even where the work requires a notification to be served, it is better to informally discuss the desired work, think about the neighbours remarks, and amend your plans (if proper) prior to serving the notification.
What garden work requires a notification and consent.
The basic principle of the Party Wall Act is that all work which may have a result upon the structural strength or assistance function of the party wall or may cause damage to the neighbouring side of the wall should be alerted. If in doubt, advice must be sought from a regional Structure Control Office or expert surveyor/architect.
Operate in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or demolish border wall.
- To increase the height or thickness of a party boundary wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go listed below the bottom of the structures 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.
A notice needs to be issued to all affected neighbouring parties if the prepared work on a boundary wall falls under the Party Wall Act. The notification should include (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the property carrying out the work.
- The address of the residential or commercial property.
- A full description of the proposed work (this will normally be just a single sentence detailing 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 notice is being served.
- If the work involves excavations, a drawing revealing the depth, position and so on
If the planned work is a new border wall as much as or astride the limit line the procedure of serving a notification under the Party Wall Act is as follows:.
- The person intending to carry out the work must serve a composed notification at least one months prior to the desired start of the work to every neighbouring party giving details of the work to be carried out.
- Each neighbouring party ought to react in writing giving authorization or registering dissent – if a neighbouring party does nothing within 14 days of getting the notification, the impact is to put the notification into dispute. No formal arrangement is required for a wall up to the border line, the neighbour just requires not to object in writing.
- No work may commence on a wall astride the boundary line up until all neighbouring celebrations have actually concurred in writing to the notification (or a revised notification).
See below concerning what happens 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 requires to be served a minimum of one month prior to the planned start day of the work. Neighbouring celebrations should give written agreement within 14 days or a disagreement is deemed to have happened.
See below concerning what happens in the event of a dispute/objection.
If a conflict arises, what happens.
If agreement can not be reached between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are appointed to figure out a fair and neutral Award, either:.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- Each party designates their own Surveyor to represent the individual parties.
The individual who is performing the work will usually have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the opinion of the Surveyor. It should be kept in mind that any Property surveyor should act within their statutory duties and propose a reasonable and objective Award.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- The Agreed Surveyor, or the individual Surveyors collectively, will produce an Award which needs to be impartial and reasonable to all parties.
- As soon as an Award has been made, all parties have 14 days to appeal to a County Court against the Award.
When you have arrangement.
Once you have contract, all work must adhere to the notice. All the contracts must be maintained to ensure that a record of the granted permission is kept; a subsequent buyer of the home might want to develop that the work was carried out in accordance with the Party Wall Act requirements.
- We’ve only provided a quick outline of the Party Wall Act here as it affects garden work but have a look at the Communities and Local Government site for a more thorough explanatory booklet including example letters for notifications and responses.
- Going over intended work with neighbours is complimentary and can avoid misconception which might emerge if a notification gets here unexpectedly.
- Your regional Building Control Office might be able to offer totally free advice relating to the Party Wall Act and how it applies to specific scenarios.
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