We are Party Wall Surveyors specialising in party wall concerns in UK. We have over twenty five years experience of working in UK, acting for specialists, businesses, as well as for people.
Each short is unique, and our devoted group of party wall property surveyors is experienced in dealing with all manner of problems associating with party walls. We are proud to use a bespoke service to match the varying needs of our customers.
This site is designed to offer fundamental details along with providing you the chance to contact us directly with your problems and requirements, therefore enabling our expert Party Wall Surveyors to recommend you appropriately.
The present legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or structures (including piled structures).
Our group of Faulkners Surveyors Party Wall Surveyors offers a special specific niche service, which allows you to have the best quality service at competitively priced charges.
For more information contact one of our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
A party wall (sometimes parti-wall or parting wall, additionally known as typical wall or as a demising wall) is a splitting dividers between 2 adjacent structures that is shared by the residents of each residence or service. Usually, the building contractor lays the wall along a residential or commercial property line separating 2 terraced homes, so that one fifty percent of the wall’s thickness lies on each side. This kind of wall surface is normally architectural. Celebration wall surfaces can also be developed by 2 abutting wall surfaces constructed at different times. The term can be also used to describe a division between different devices within a multi-unit house complicated. Really commonly the wall in this situation is non-structural but developed to satisfy established standards for audio and/or fire security, i.e. a firewall software.
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 building, however it does affect the building and construction of boundary walls even if not part of buildings and can likewise applies to deep excavations.
The Party Wall Act 1996 entered 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 work on a pertinent structure or if your neighbour is.
The Party Wall Act does not apply to boundary fences.
The Party Wall Act does not affect any requirement for Preparation Consent for any work carried out. Having Planning Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if somebody is planning to do deal with 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 concerned it covers:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is used to separate the homes however is not part of any structure.
- Excavation near to a neighbouring residential or commercial property.
For details of how the Party Wall Act impacts building work in basic, take a look at this page.
Just like all work impacting neighbours, it is constantly better to reach a friendly contract instead of turn to any law. Even where the work needs a notice to be served, it is better to informally discuss the desired work, consider the neighbours comments, and amend your plans (if suitable) prior to serving the notice.
What garden work requires a notification and consent.
The general concept of the Party Wall Act is that all work which may 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 need to be informed. If in doubt, suggestions ought to be looked for from a regional Building Control Workplace or professional surveyor/architect.
Operate 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 density of a party border wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go listed below the bottom of the foundations of the neighbouring structure.
- Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring structure.
If the planned deal with a limit wall falls under the Party Wall Act, a notice should be provided to all affected neighbouring parties. The notification needs to consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the residential or commercial property carrying out the work.
- The address of the residential or commercial property.
- A complete description of the proposed work (this will normally be just a single sentence laying out the work).
- The proposed start date for the work.
- A clear declaration 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 revealing the depth, position etc
If the planned work is a brand-new limit wall as much as or astride the border line the procedure of serving a notification under the Party Wall Act is as follows:.
- The individual planning to carry out the work needs to serve a composed notification a minimum of one months before the intended start of the work to every neighbouring party providing information of the work to be carried out.
- Each neighbouring party ought to react in composing providing approval or registering dissent – if a neighbouring party does nothing within 14 days of receiving the notification, the impact is to put the notice into conflict. Nevertheless no formal arrangement is required for a wall approximately the boundary line, the neighbour simply requires not to object in composing.
- No work may start on a wall astride the limit line till all neighbouring parties have agreed in writing to the notice (or a revised notification).
See listed below regarding what takes place in case of a dispute/objection.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notification requires to be served at least one month prior to the prepared start day of the work. Neighbouring parties need to offer written arrangement within 2 week or a conflict is considered to have occurred.
See below concerning what happens in the event of a dispute/objection.
What occurs if a dispute emerges.
If arrangement can not be reached in between neighbouring celebrations, the process is as follows:.
- A Surveyor or Surveyors is/are selected to identify a reasonable and impartial Award, either:.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all parties).
- Each party appoints their own Property surveyor to represent the private celebrations.
The person who is performing the work will usually have 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 Surveyor. It ought to be noted that any Surveyor must act within their statutory obligations and propose a reasonable and impartial Award.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all parties).
- The Agreed Property surveyor, or the individual Surveyors collectively, will produce an Award which must be impartial and fair to all celebrations.
- As soon as an Award has been made, all parties have 2 week to interest a County Court versus the Award.
Once you have arrangement.
When you have contract, all work should adhere to the notice. All the agreements need to be retained to make sure that a record of the granted permission is kept; a subsequent purchaser of the home may want to develop that the work was carried out in accordance with the Party Wall Act requirements.
- We have actually only provided a brief outline of the Party Wall Act here as it affects garden work however take a look at the Communities and City government site for a more extensive explanatory brochure including example letters for responses and notifications.
- If a notice arrives suddenly, talking about designated work with neighbours is complimentary and can avoid misconception which may arise.
- Your local Building Control Workplace might be able to give complimentary recommendations regarding the Party Wall Act and how it applies to particular scenarios.
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