Structure on the Boundary – Faulkners Surveyors.

The Faulkners Surveyors is an expert Chartered Structure Surveying Practice that runs throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall and so on. Act 1996 and offers the following services:

• Objective recommendations on all Party Wall Matters

• Pre-commencement appraisals

• Preparation and service of legitimate Party Wall Notices

• Acting as Party Wall Surveyor for either Adjacent Owners or Structure Owners

• Acting as the Agreed Party Wall Surveyor

• Carrying Out Schedules of Condition surveys

• Preparation and settlement of Party Wall Awards (Agreements).

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

The Party Wall Act 1996 came into force in 1997, so it is now law and provides 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 border 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 comes into effect if somebody is preparing to do work on a relevant structure, for the functions of the Act ‘party wall’ does not simply mean the wall in between 2 semi-detached residential or commercial properties, as far as gardeners are concerned it covers:

• A garden wall, where the wall is astride the boundary line (or butts up against it) and is utilized to separate the residential or commercial properties but is not part of any structure.
• Excavation near to a neighbouring property.

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

Just like all work impacting neighbours, it is constantly much better to reach a friendly arrangement rather than turn to any law. Even where the work requires a notification to be served, it is better to informally talk about the intended work, think about the neighbours remarks, and amend your strategies (if appropriate) before serving the notification.

What garden work needs a notice and permission.

The general principle of the Party Wall Act is that all work which might have an impact upon the structural strength or assistance function of the party wall or may trigger damage to the neighbouring side of the wall should be informed. If in doubt, recommendations must be looked for from a local Structure Control Office or expert surveyor/architect.

Operate in the garden covered by the Party Wall Act include:

• To destroy and/or rebuild/build a party boundary wall.
• To increase the height or density of a party limit wall.
• Excavations within 3 metres of a neighbouring building where the excavation will go listed below the bottom of the foundations of the neighbouring structure.
• Excavations within 6 metres of a neighbouring structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.

Boundary walls

If the prepared work on a boundary wall falls under the Party Wall Act, a notification should be released to all impacted neighbouring parties. The notification must include (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 normally be just a single sentence outlining 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 includes excavations, a drawing showing the depth, position and so on

If the planned work is a new boundary wall up to or astride the limit line the procedure of serving a notice under the Party Wall Act is as follows:.

• The person planning to perform the work needs to serve a composed notification at least one months prior to the designated start of the work to every neighbouring party giving information of the work to be carried out.
• Each neighbouring party ought to respond in composing providing permission or signing up dissent – if a neighbouring party does nothing within 2 week of receiving the notice, the impact is to put the notification into conflict. Nevertheless no official arrangement is required for a wall up to the limit line, the neighbour just requires not to object in writing.
• No work might start on a wall astride the border line until all neighbouring parties have actually concurred in writing to the notification (or a modified notice).

See listed below concerning what occurs 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 requires to be served at least one month before the planned start day of the work. Neighbouring celebrations should offer written contract within 14 days or a dispute is deemed to have occurred.

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

If a dispute emerges, what happens.

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

• A Property surveyor or Surveyors is/are appointed to figure out a objective and fair Award, either:.
  • A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
    or.
  • Each party designates their own Surveyor to represent the specific celebrations.
    The person who is carrying out the work will typically have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the viewpoint of the Surveyor. It needs to be noted that any Surveyor should act within their statutory duties and propose a reasonable and unbiased Award.
• The Agreed Property surveyor, or the specific Surveyors collectively, will produce an Award which should be neutral and fair to all parties.
• Once an Award has actually been made, all celebrations have 2 week to attract a County Court versus the Award.

Once you have agreement.

All work should comply with the notice when you have agreement. All the arrangements need to be maintained to make sure that a record of the granted permission is kept; a subsequent purchaser of the home may wish to establish that the work was performed in accordance with the Party Wall Act requirements.

Remember:

• We have actually only provided a brief outline of the Party Wall Act here as it impacts garden work but have a look at the Neighborhoods and Local Government site for a more extensive explanatory brochure consisting of example letters for reactions and notices.
• If a notification shows up all of a sudden, going over designated work with neighbours is free and can avoid misconception which may occur.
• Your regional Structure Control Workplace may be able to offer complimentary advice regarding the Party Wall Act and how it applies to particular situations.

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• What is the space between two homes called? – Faulkners Surveyors.
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