We are Party Wall Surveyors specialising in party wall issues in UK. We have more than twenty 5 years experience of working in UK, acting for experts, organizations, in addition to for people.
Each short is special, and our dedicated team of party wall property surveyors is experienced in handling all manner of issues associating with party walls. We are proud to use a bespoke service to match the varying requirements of our customers.
This site is created to offer standard information in addition to providing you the chance to contact us straight with your requirements and issues, thus allowing our professional Party Wall Surveyors to advise you appropriately.
The existing legislation dealing with party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or foundations (including piled structures).
Our team of Faulkners Surveyors Party Wall Surveyors offers a distinct niche service, which allows you to have the best quality service at competitively priced costs.
For more details contact one of our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
The Party Wall Act 1996
as it impacts the garden
At first sight, it is simple to believe that the 1996 Party Wall Act does not impact garden construction, however it does impact the building of limit 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 offers you rights and duties whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with a pertinent structure or if your neighbour is.
The Party Wall Act does not apply to boundary fences.
The Party Wall Act does not impact any requirement for Planning Authorization for any work carried out. Also, having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into impact if someone is preparing to do work on a pertinent structure, for the purposes of the Act ‘party wall’ does not just imply the wall between two semi-detached residential or commercial properties, as far as gardeners are concerned it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is used to separate the homes but is not part of any building.
- Excavation near to a neighbouring home.
For information of how the Party Wall Act impacts structure operate in general, take a look at this page.
Similar to all work impacting neighbours, it is always better to reach a friendly contract instead of resort to any law. Even where the work needs a notification to be served, it is much better to informally discuss the intended work, think about the neighbours comments, and modify your strategies (if appropriate) prior to serving the notification.
What garden work requires a notification and authorization.
The basic concept of the Party Wall Act is that all work which might have an impact upon the structural strength or assistance function of the party wall or may cause damage to the neighbouring side of the wall should be informed. If in doubt, guidance must be looked for from a local Structure Control Workplace or expert surveyor/architect.
Operate in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or destroy limit 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 listed below the bottom of the structures of the neighbouring structure.
- Excavations within 6 metres of a neighbouring structure where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring building.
A notification must be provided to all impacted neighbouring parties if the planned work on a boundary wall falls under the Party Wall Act. The notification needs to consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the home undertaking the work.
- The address of the home.
- A complete description of the proposed work (this will normally be simply a single sentence outlining 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 involves excavations, a drawing showing the depth, position and so on
If the prepared work is a new boundary wall up to or astride the boundary line the procedure of serving a notice under the Party Wall Act is as follows:.
- The person meaning to carry out the work needs to serve a composed notice a minimum of one months before the intended start of the work to every neighbouring party giving information of the work to be carried out.
- Each neighbouring party needs to react in writing providing authorization or registering dissent – if a neighbouring party not does anything within 2 week of getting the notification, the effect is to put the notification into conflict. No formal agreement is needed for a wall up to the boundary line, the neighbour just requires not to object in composing.
- No work may start on a wall astride the border line up until all neighbouring parties have actually agreed in writing to the notice (or a modified notification).
See below regarding what happens 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 a minimum of one month before the prepared start day of the work. Neighbouring celebrations need to offer written agreement within 2 week or a conflict is deemed to have occurred.
See listed below regarding what takes place in case of a dispute/objection.
If a disagreement arises, what takes place.
If contract can not be reached between neighbouring celebrations, the procedure is as follows:.
- A Property surveyor or Surveyors is/are selected to figure out a objective and reasonable Award, either:.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- Each party appoints their own Surveyor to represent the individual parties.
The individual 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 Surveyor needlessly – in the viewpoint of the Surveyor. Nevertheless it needs to be noted that any Property surveyor needs to act within their statutory duties and propose a neutral and fair Award.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- The Agreed Surveyor, or the private Surveyors jointly, will produce an Award which should be objective and reasonable to all celebrations.
- When an Award has actually been made, all parties have 14 days to attract a County Court against the Award.
As soon as you have agreement.
All work should comply with the notice when you have contract. All the arrangements must be maintained to guarantee that a record of the granted permission is kept; a subsequent buyer of the residential or commercial property may want to establish that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually only provided a brief overview of the Party Wall Act here as it impacts garden work however take a look at the Neighborhoods and Local Government website for a more extensive explanatory booklet consisting of example letters for notices and reactions.
- If a notice arrives suddenly, going over desired work with neighbours is complimentary and can avoid misunderstanding which might occur.
- Your local Building Control Office might have the ability to provide complimentary suggestions relating to the Party Wall Act and how it applies to specific circumstances.
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