The Faulkners Surveyors is a professional Chartered Building Surveying Practice that operates throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall etc. Act 1996 and offers 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 simple to think that the 1996 Party Wall Act does not impact garden building and construction, nevertheless it does affect the building of boundary walls even if not part of structures and can likewise applies to deep excavations.

The Party Wall Act 1996 came into 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 deal with an appropriate 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 Planning Authorization for any work undertaken. Having Planning Authorization does not negate the requirements under the Party Wall Act.

The Party Wall Act enters impact if somebody is planning to do work on a pertinent structure, for the purposes of the Act ‘party wall’ does not simply mean the wall between 2 semi-detached properties, as far as gardeners are concerned it covers:

For details of how the Party Wall Act impacts structure work in general, take a look at this page.

Similar to all work impacting neighbours, it is constantly better to reach a friendly arrangement rather than resort to any law. Even where the work requires a notification to be served, it is much better to informally go over the designated work, think about the neighbours comments, and change your plans (if appropriate) before serving the notice.

What garden work requires a notice and consent.

The basic principle of the Party Wall Act is that all work which may have an effect 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. Guidance should be looked for from a local Structure Control Workplace or expert surveyor/architect if in doubt.

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

Boundary walls

A notification should be issued to all impacted neighbouring celebrations 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 brochure):.

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

See listed below concerning what occurs in case of a dispute/objection.

Excavations.

If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notice requires to be served at least one month before the prepared start day of the work. Neighbouring parties should give written agreement within 14 days or a conflict is considered to have actually occurred.

See listed below regarding what happens in the event of a dispute/objection.

If a conflict emerges, what happens.

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

When you have arrangement.

When you have agreement, all work needs to abide by the notice. All the agreements must be maintained to guarantee that a record of the granted permission is kept; a subsequent purchaser of the property may wish to develop that the work was carried out in accordance with the Party Wall Act requirements.

Keep in mind:

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