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:

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 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:

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:

Boundary walls

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):.

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:.

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 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:.

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:

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