The Faulkners Surveyors is a specialist Chartered Structure Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all elements of the Party Wall etc. Act 1996 and supplies the following services:
Impartial advice on all Party Wall Matters
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Surveyor for either Adjoining Owners or Building Owners
Acting as the Agreed Party Wall Surveyor
Carrying Out Schedules of Condition surveys
Preparation and negotiation of Party Wall Awards (Contracts).
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 impacts the garden
At first sight, it is easy to think that the 1996 Party Wall Act does not affect garden building and construction, nevertheless it does impact the construction of border walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and offers you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on a relevant 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 Planning Permission for any work undertaken. Likewise, having Planning Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if someone is planning to do deal with an appropriate structure, for the purposes of the Act ‘party wall’ does not just indicate the wall in between 2 semi-detached properties, as far as gardeners are concerned 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 close to a neighbouring home.
For information of how the Party Wall Act impacts building operate in basic, take a look at this page.
Similar to all work affecting neighbours, it is always better to reach a friendly contract rather than resort to any law. Even where the work requires a notification to be served, it is better to informally go over the designated work, consider the neighbours remarks, and amend your strategies (if suitable) before serving the notice.
What garden work requires a notice and permission.
The basic 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 cause damage to the neighbouring side of the wall should be informed. If in doubt, suggestions must be sought from a local Building Control Office or expert surveyor/architect.
Work in the garden covered by the Party Wall Act include:
- To demolish and/or rebuild/build a party limit wall.
- To increase the height or density 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 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 foundations of the neighbouring building.
A notice needs to be provided to all affected neighbouring parties if the planned work on a border wall falls under the Party Wall Act. The notice must include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property undertaking the work.
- The address of the home.
- A full description of the proposed work (this will usually be just a single sentence detailing the work).
- The proposed start date for the work.
- A clear declaration that the notification is being served under The Party Wall etc Act 1996.
- The date the notification is being served.
- If the work includes excavations, a drawing showing the depth, position and so on
If the planned work is a brand-new border wall up to or astride the limit line the process of serving a notice under the Party Wall Act is as follows:.
- The person planning to carry out the work needs to serve a composed notification a minimum of one months prior to the intended start of the work to every neighbouring party providing details of the work to be carried out.
- Each neighbouring party should respond in writing offering consent or signing up dissent – if a neighbouring party does nothing within 14 days of getting the notice, the effect is to put the notification into conflict. No official agreement is needed for a wall up to the border line, the neighbour simply needs not to object in writing.
- No work may commence on a wall astride the limit line until all neighbouring celebrations have actually agreed in writing to the notification (or a revised notice).
See listed below concerning what occurs 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 before the prepared start day of the work. Neighbouring celebrations must provide written contract within 2 week or a conflict is considered to have actually happened.
See listed below concerning what happens in the event of a dispute/objection.
If a disagreement emerges, what happens.
If contract can not be reached between neighbouring celebrations, the process is as follows:.
- A Surveyor or Surveyors is/are selected to identify a fair and unbiased Award, either:.
- A single ‘Agreed Surveyor’ (someone appropriate to all parties).
- Each party appoints their own Surveyor to represent the private parties.
The individual who is performing the work will generally have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the opinion of the Surveyor. Nevertheless it should be kept in mind that any Surveyor must act within their statutory duties and propose a reasonable and unbiased Award.
- A single ‘Agreed Surveyor’ (someone appropriate to all parties).
- The Agreed Surveyor, or the specific Surveyors collectively, will produce an Award which needs to be fair and impartial to all celebrations.
- When an Award has been made, all parties have 14 days to attract a County Court against the Award.
When you have arrangement.
All work should comply with the notice as soon as you have arrangement. All the arrangements should be maintained to ensure that a record of the granted permission is kept; a subsequent buyer of the property may wish to establish that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just given a short summary of the Party Wall Act here as it affects garden work however take a look at the Neighborhoods and City government website for a more thorough explanatory pamphlet including example letters for responses and notices.
- Going over designated deal with neighbours is totally free and can prevent misconception which may emerge if a notice gets here all of a sudden.
- Your regional Structure Control Workplace may have the ability to provide complimentary advice concerning the Party Wall Act and how it applies to particular situations.
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