Faulkners Surveyors is an independent company of structure property surveyors that specialise in the
Party Wall and so on. Act 1996 acting for Structure Owners, Adjoining Owners and as the Agreed Surveyor throughout London and the Home Counties.
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.
The Party Wall Act 1996
as it effects 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 structures and can also applies to deep excavations.
The Party Wall Act 1996 entered into force in 1997, so it is now law and provides you rights and duties 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 boundary fences.
The Party Wall Act does not impact any requirement for Preparation Authorization for any work undertaken. Also, having Preparation Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into result if someone is planning to do deal with a pertinent structure, for the functions of the Act ‘party wall’ does not simply suggest the wall between 2 semi-detached 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 used to separate the homes but is not part of any structure.
- Excavation close to a neighbouring property.
For information of how the Party Wall Act affects structure work in basic, take a look at this page.
As with all work impacting neighbours, it is always much better to reach a friendly contract instead of turn to any law. Even where the work needs a notification to be served, it is better to informally discuss the intended work, think about the neighbours remarks, and modify your plans (if suitable) prior to serving the notification.
What garden work requires a notice and consent.
The general concept of the Party Wall Act is that all work which might have a result upon the structural strength or support function of the party wall or may cause damage to the neighbouring side of the wall should be alerted. If in doubt, advice must be sought from a local Structure Control Office or professional surveyor/architect.
Work in the garden covered by the Party Wall Act consist of:
- To destroy and/or rebuild/build a party boundary wall.
- To increase the height or thickness of a party limit wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go listed below the bottom of the structures of the neighbouring building.
- 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.
Boundary walls
If the prepared work on a boundary wall falls under the Party Wall Act, a notice must be released to all impacted neighbouring celebrations. The notice must 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 detailing 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 revealing the depth, position and so on
If the planned work is a brand-new boundary wall up to or astride the border line the procedure of serving a notification under the Party Wall Act is as follows:.
- The person meaning to perform the work should serve a written notification a minimum of one months prior to the intended start of the work to every neighbouring party offering information of the work to be performed.
- Each neighbouring party must respond in composing offering permission or registering dissent – if a neighbouring party does nothing within 14 days of receiving the notice, the impact is to put the notice into conflict. Nevertheless no official agreement is required for a wall as much as the border line, the neighbour simply needs not to object in composing.
- No work may begin on a wall astride the border line till all neighbouring celebrations have actually concurred in writing to the notification (or a modified notice).
See listed 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 needs to be served a minimum of one month prior to the planned start day of the work. Neighbouring celebrations must give written agreement within 2 week or a conflict is considered to have happened.
See listed below regarding what takes place in case of a dispute/objection.
If a conflict emerges, what occurs.
If agreement 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 fair and impartial Award, either:.
- A single ‘Concurred Property surveyor’ (someone appropriate to all celebrations).
or. - Each party designates their own Property surveyor to represent the specific parties.
The person who is performing the work will typically need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the opinion of the Surveyor. However it needs to be noted that any Surveyor needs to act within their statutory obligations and propose a fair and unbiased Award.
- A single ‘Concurred Property surveyor’ (someone appropriate to all celebrations).
- The Agreed Property surveyor, or the specific Surveyors jointly, will produce an Award which should be impartial and reasonable to all celebrations.
- When an Award has actually been made, all celebrations have 14 days to appeal to a County Court versus the Award.
Once you have arrangement.
Once you have contract, all work needs to abide by the notification. All the arrangements should be maintained to make sure that a record of the granted permission is kept; a subsequent buyer of the home may wish to develop that the work was carried out in accordance with the Party Wall Act requirements.
Remember:
- We have actually just offered a quick overview of the Party Wall Act here as it impacts garden work however have a look at the Communities and City government website for a more thorough explanatory booklet consisting of example letters for notifications and actions.
- If a notification gets here all of a sudden, discussing designated work with neighbours is totally free and can avoid misunderstanding which may arise.
- Your regional Structure Control Office might be able to give totally free recommendations concerning the Party Wall Act and how it applies to particular situations.
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