We are Party Wall Surveyors specialising in party wall problems in UK. We have more than twenty 5 years experience of working in UK, acting for professionals, companies, in addition to for individuals.
Each short is unique, and our dedicated team of party wall property surveyors is experienced in handling all manner of issues relating to party walls. We are proud to use a bespoke service to match the differing requirements of our clients.
This website is created to supply standard details in addition to offering you the opportunity to contact us straight with your problems and requirements, thus allowing our professional Party Wall Surveyors to recommend you appropriately.
The existing legislation handling party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or foundations (including stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors supplies a special specific niche service, which allows you to have the best quality service at competitively priced fees.
To find out more contact among our Faulkners Surveyors Party Wall property surveyors on 03300100262.
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 effects the garden
At first sight, it is easy to think that the 1996 Party Wall Act does not impact garden construction, nevertheless it does impact the building of limit 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 offers you rights and duties 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 limit fences.
The Party Wall Act does not impact any requirement for Planning Approval for any work carried out. Having Planning Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into effect if someone is planning to do work on a relevant structure, for the purposes of the Act ‘party wall’ does not simply mean the wall between 2 semi-detached residential or commercial properties, as far as garden enthusiasts are worried it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is used to separate the homes but 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 operate in general, take a look at this page.
Just like all work affecting neighbours, it is constantly better to reach a friendly agreement instead of turn to any law. Even where the work requires a notification to be served, it is better to informally discuss the desired work, consider the neighbours comments, and modify your plans (if appropriate) prior to serving the notice.
What garden work requires a notice and approval.
The general principle of the Party Wall Act is that all work which may have an impact upon the structural strength or support function of the party wall or may cause damage to the neighbouring side of the wall should be alerted. If in doubt, suggestions should be sought from a regional Building Control Workplace or professional surveyor/architect.
Work in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or destroy boundary wall.
- To increase the height or thickness of a party limit wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go listed below the bottom of the structures 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 structure.
A notification needs to be issued to all affected neighbouring celebrations if the prepared work on a limit wall falls under the Party Wall Act. The notice must consist of (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 home.
- A full description of the proposed work (this will generally be simply a single sentence detailing the work).
- The proposed start date for the work.
- A clear statement 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 prepared work is a brand-new boundary wall up to or astride the boundary line the process of serving a notice under the Party Wall Act is as follows:.
- The person intending to perform the work must serve a composed notification at least one months before the desired start of the work to every neighbouring party offering details of the work to be performed.
- Each neighbouring party needs to react in writing providing permission or registering dissent – if a neighbouring party not does anything within 14 days of getting the notification, the impact is to put the notice into dispute. Nevertheless no official arrangement is required for a wall approximately the border line, the neighbour just needs not to object in writing.
- No work might commence on a wall astride the border line up until all neighbouring parties have agreed in writing to the notice (or a revised notification).
See listed below regarding what occurs in case of a dispute/objection.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served a minimum of one month prior to the prepared start day of the work. Neighbouring celebrations need to give written contract within 2 week or a conflict is considered to have actually occurred.
See listed below concerning what occurs in case of a dispute/objection.
If a dispute emerges, what occurs.
If agreement can not be reached between neighbouring celebrations, the procedure is as follows:.
- A Surveyor or Surveyors is/are selected to identify a reasonable and unbiased Award, either:.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- Each party designates their own Property surveyor to represent the private celebrations.
The individual who is performing the work will typically need to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the viewpoint of the Property surveyor. Nevertheless it should be kept in mind that any Property surveyor needs to act within their statutory obligations and propose a fair and objective Award.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- The Agreed Property surveyor, or the individual Surveyors collectively, will produce an Award which should be unbiased and fair to all parties.
- When an Award has been made, all celebrations have 14 days to attract a County Court versus the Award.
As soon as you have agreement.
All work should comply with the notification when you have arrangement. All the agreements must be kept to make sure that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property might want to develop that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually only given a quick overview of the Party Wall Act here as it affects garden work however take a look at the Communities and Local Government site for a more extensive explanatory brochure consisting of example letters for responses and notifications.
- Discussing designated deal with neighbours is totally free and can avoid misconception which may develop if a notification arrives unexpectedly.
- Your local Structure Control Office may be able to give complimentary guidance relating to the Party Wall Act and how it applies to specific scenarios.
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