The Faulkners Surveyors is an expert Chartered Building Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all aspects of the Party Wall etc. Act 1996 and provides the following services:
Impartial suggestions on all Party Wall Matters
Pre-commencement appraisals
Preparation and service of valid Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjoining Owners or Structure Owners
Acting as the Agreed Party Wall Property Surveyor
Undertaking Schedules of Condition surveys
Preparation and negotiation of Party Wall Awards (Agreements).
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 believe that the 1996 Party Wall Act does not affect garden building, nevertheless it does affect the building and construction of limit walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 entered force in 1997, so it is now law and provides you rights and obligations whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on a pertinent structure or if your neighbour is.
The Party Wall Act does not apply to border fences.
The Party Wall Act does not impact any requirement for Preparation Consent for any work carried out. Likewise, having Planning Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into result if somebody is planning to do deal with an appropriate structure, for the functions of the Act ‘party wall’ does not simply imply the wall between two semi-detached properties, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is used to separate the residential or commercial properties but is not part of any structure.
- Excavation near to a neighbouring property.
For information of how the Party Wall Act affects building work in general, have a look at this page.
Similar to all work impacting neighbours, it is constantly much 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 discuss the designated work, consider the neighbours comments, and change your strategies (if proper) prior to serving the notice.
What garden work requires a notice and consent.
The general principle of the Party Wall Act is that all work which might have a result upon the structural strength or support function of the party wall or might cause damage to the neighbouring side of the wall must be alerted. If in doubt, guidance must be looked for from a local Building Control Office or professional surveyor/architect.
Operate in the garden covered by the Party Wall Act consist of:
- To destroy and/or rebuild/build a party boundary wall.
- To increase the height or thickness of a party limit 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 structures of the neighbouring building.
Boundary walls
A notification must be issued to all affected neighbouring celebrations if the prepared work on a boundary wall falls under the Party Wall Act. The notification must include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property carrying out the work.
- The address of the home.
- A full description of the proposed work (this will usually be simply a single sentence detailing the work).
- The proposed start date for the work.
- A clear statement 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 revealing the depth, position etc
If the planned work is a new limit wall up to or astride the border line the process of serving a notice under the Party Wall Act is as follows:.
- The person meaning to carry out the work must serve a written notice a minimum of one months prior to the desired start of the work to every neighbouring party providing information of the work to be carried out.
- Each neighbouring party must respond in writing giving approval or signing up dissent – if a neighbouring party not does anything within 14 days of getting the notice, the effect is to put the notice into conflict. No formal arrangement is needed for a wall up to the border line, the neighbour simply requires not to object in composing.
- No work might commence on a wall astride the limit line until all neighbouring parties have actually agreed in writing to the notification (or a revised notice).
See listed below regarding what happens in the event of a dispute/objection.
Excavations.
If the planned 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 before the prepared start day of the work. Neighbouring celebrations should provide written arrangement within 2 week or a dispute is considered to have actually taken place.
See listed below concerning what takes place in the event of a dispute/objection.
If a dispute emerges, what happens.
If arrangement can not be reached between neighbouring celebrations, the procedure is as follows:.
- A Property surveyor or Surveyors is/are appointed to identify a reasonable and unbiased Award, either:.
- A single ‘Concurred Surveyor’ (someone acceptable to all parties).
or. - Each party selects their own Surveyor to represent the individual celebrations.
The individual who is performing the work will usually need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the viewpoint of the Property surveyor. Nevertheless it should be kept in mind that any Property surveyor should act within their statutory responsibilities and propose a unbiased and fair Award.
- A single ‘Concurred Surveyor’ (someone acceptable to all parties).
- The Agreed Property surveyor, or the individual Surveyors collectively, will produce an Award which should be unbiased and reasonable to all celebrations.
- As soon as an Award has actually been made, all celebrations have 14 days to attract a County Court versus the Award.
Once you have contract.
All work needs to comply with the notice once you have agreement. All the agreements should be maintained to ensure that a record of the granted permission is kept; a subsequent purchaser of the property may wish to establish that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually only offered a short summary of the Party Wall Act here as it affects garden work however have a look at the Neighborhoods and Local Government website for a more thorough explanatory brochure consisting of example letters for reactions and notices.
- If a notice shows up all of a sudden, talking about desired work with neighbours is complimentary and can prevent misunderstanding which may emerge.
- Your local Building Control Office might be able to offer totally free guidance relating to the Party Wall Act and how it applies to specific scenarios.
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