Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every aspect needed to encourage upon and resolve Party Wall issues, such as:
- Preparing and serving valid Party Wall Notices
- Acting as the Structure Owners Party Wall Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are professionals and operate in accordance with the policies set down by the Professors of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to abide by this legislation might lead to works being illegal.
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 affect garden building and construction, nevertheless it does impact the building and construction of boundary walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and gives you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with 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 Authorization for any work carried out. Similarly, having Preparation Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters result if someone is preparing to do deal with a pertinent structure, for the purposes of the Act ‘party wall’ does not simply suggest the wall in between two semi-detached properties, as far as gardeners are concerned it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is utilized to separate the homes however is not part of any building.
- Excavation close to a neighbouring home.
For information of how the Party Wall Act affects structure operate in general, have a look at this page.
Just like all work impacting neighbours, it is always much better to reach a friendly arrangement instead of resort to any law. Even where the work requires a notice to be served, it is better to informally talk about the intended work, think about the neighbours remarks, and modify your plans (if suitable) before serving the notice.
What garden work requires a notification and permission.
The basic principle of the Party Wall Act is that all work which might 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 must be informed. If in doubt, guidance should be looked for from a local Structure Control Office 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 density of a party border wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the foundations of the neighbouring structure.
- 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 notification needs to be released to all impacted neighbouring celebrations if the prepared work on a limit wall falls under the Party Wall Act. The notification should consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property undertaking the work.
- The address of the property.
- A full description of the proposed work (this will typically be simply a single sentence outlining 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 showing the depth, position etc
If the prepared work is a brand-new limit wall approximately or astride the border line the procedure of serving a notice under the Party Wall Act is as follows:.
- The person planning to carry out the work must serve a written notice a minimum of one months before the intended start of the work to every neighbouring party offering details of the work to be performed.
- Each neighbouring party ought to respond in writing offering approval or signing up dissent – if a neighbouring party does nothing within 2 week of receiving the notice, the result is to put the notice into disagreement. No formal agreement is needed for a wall up to the limit line, the neighbour simply needs not to object in writing.
- No work may commence on a wall astride the border line until all neighbouring celebrations have agreed in writing to the notice (or a modified notification).
See below regarding what happens 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 prior to the prepared start day of the work. Neighbouring parties should offer written contract within 2 week or a disagreement is deemed to have actually occurred.
See below concerning what happens in case of a dispute/objection.
If a dispute develops, what happens.
If contract can not be reached in between neighbouring parties, the procedure is as follows:.
- A Property surveyor or Surveyors is/are selected to figure out a objective and fair Award, either:.
- A single ‘Agreed Property surveyor’ (someone appropriate to all celebrations).
or. - Each party selects their own Property surveyor to represent the specific parties.
The person who is carrying out the work will normally need to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the opinion of the Property surveyor. It should be kept in mind that any Surveyor should act within their statutory responsibilities and propose a impartial and reasonable Award.
- A single ‘Agreed Property surveyor’ (someone appropriate to all celebrations).
- The Agreed Surveyor, or the private Surveyors collectively, will produce an Award which should be neutral and fair to all parties.
- Once an Award has actually been made, all parties have 14 days to attract a County Court versus the Award.
Once you have agreement.
All work should comply with the notification when you have arrangement. All the arrangements ought to be maintained to make sure that a record of the granted permission is kept; a subsequent purchaser of the property might want to establish that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve just offered a brief outline of the Party Wall Act here as it affects garden work however have a look at the Communities and Local Government site for a more detailed explanatory pamphlet consisting of example letters for reactions and notifications.
- If a notification gets here all of a sudden, going over intended work with neighbours is totally free and can prevent misunderstanding which might occur.
- Your regional Building Control Office might have the ability to offer complimentary guidance regarding the Party Wall Act and how it applies to specific circumstances.
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