At Faulkners Surveyors we conduct Party Wall Surveys by expert and experienced Party Wall Surveyors throughout the UK.
What is a Party Wall Award?
A Party Wall Award is a contract made between at least two neighbouring occupiers prior to the beginning of construction/building work which is to be undertaken to a party limit or structure, or where works are being undertaken in close proximity to a party limit or structure. There are three primary types of work which need a Party Wall Property surveyor to perform a Party Wall Award and these are:
- Line of junction (building a new wall on or together with a boundary).
- Party Structure Works (works to an existing party wall such as cutting into, rebuilding, thickening etc.).
- Adjacent Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and throughout the UK, our skilled industrial structure property surveyors perform a variety of expert surveying services including Party Wall Surveys (Party Wall Awards). At Commercial Structure Surveyors we carry out Party Wall Surveys by experienced and professional Party Wall Surveyors throughout the UK.
Party Wall (WikiPedia)
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, nevertheless it does affect the building and construction of limit walls even if not part of buildings and can likewise applies to deep excavations.
The Party Wall Act 1996 entered force in 1997, so it is now law and provides you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on an appropriate 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 Preparation Approval for any work undertaken. Having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters impact if someone is preparing to do work on a relevant structure, for the purposes of the Act ‘party wall’ does not simply mean the wall in between 2 semi-detached residential or commercial properties, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is utilized to separate the residential or commercial properties however is not part of any structure.
- Excavation close to a neighbouring residential or commercial property.
For information of how the Party Wall Act impacts structure work in general, have a look at this page.
As with all work affecting neighbours, it is constantly much better to reach a friendly agreement rather than turn to any law. Even where the work requires a notification to be served, it is much better to informally talk about the desired work, think about the neighbours comments, and change your strategies (if appropriate) before serving the notification.
What garden work requires a notification and approval.
The general concept of the Party Wall Act is that all work which may have an effect upon the structural strength or support function of the party wall or might cause damage to the neighbouring side of the wall must be notified. Advice should be sought from a local Building Control Workplace or expert surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or demolish border wall.
- To increase the height or thickness of a party boundary wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go below the bottom of the structures of the neighbouring building.
- Excavations within 6 metres of a neighbouring structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring structure.
Boundary walls
A notice must be issued to all impacted neighbouring celebrations if the prepared work on a boundary wall falls under the Party Wall Act. The notice should include (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 property.
- A complete description of the proposed work (this will normally be just a single sentence describing 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 notice is being served.
- If the work involves excavations, a drawing showing the depth, position and so on
If the planned work is a brand-new limit wall as much as or astride the border line the process of serving a notice under the Party Wall Act is as follows:.
- The individual planning to carry out the work should serve a composed notification at least one months before the designated start of the work to every neighbouring party offering details of the work to be carried out.
- Each neighbouring party needs to respond in composing providing approval or signing up dissent – if a neighbouring party not does anything within 14 days of receiving the notice, the impact is to put the notice into conflict. However no formal agreement is required for a wall as much as the border line, the neighbour just requires not to object in composing.
- No work may begin on a wall astride the limit line up until all neighbouring parties have concurred in writing to the notification (or a revised notification).
See below regarding what occurs in the event of a dispute/objection.
Excavations.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notification needs to be served at least one month prior to the prepared start day of the work. Neighbouring celebrations need to offer written arrangement within 2 week or a conflict is deemed to have occurred.
See listed below concerning what occurs in case of a dispute/objection.
What happens if a disagreement arises.
If contract can not be reached between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are selected to determine a fair and objective Award, either:.
- A single ‘Concurred Property surveyor’ (somebody appropriate to all parties).
or. - Each party appoints their own Property surveyor to represent the individual celebrations.
The individual who is carrying out the work will generally 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 Surveyor needs to act within their statutory obligations and propose a fair and neutral Award.
- A single ‘Concurred Property surveyor’ (somebody appropriate to all parties).
- The Agreed Surveyor, or the specific Surveyors collectively, will produce an Award which needs to be objective and fair to all parties.
- As soon as an Award has been made, all parties have 2 week to interest a County Court versus the Award.
As soon as you have contract.
All work should comply with the notice as soon as you have agreement. All the contracts ought to be maintained to ensure that a record of the granted permission is kept; a subsequent purchaser of the home might want to establish that the work was carried out in accordance with the Party Wall Act requirements.
Remember:
- We’ve just offered a short summary of the Party Wall Act here as it affects garden work however take a look at the Neighborhoods and City government site for a more thorough explanatory pamphlet including example letters for responses and notifications.
- If a notice shows up suddenly, going over intended work with neighbours is free and can avoid misunderstanding which might emerge.
- Your regional Building Control Office may be able to give free recommendations relating to the Party Wall Act and how it applies to particular circumstances.
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