Faulkners Surveyors offer a variety of building surveying services specialising in Party Wall Provider.
We pride ourselves on our versatility and personal involvement towards our clients requirements. Faulkners Surveyors are a broadening team of surveyors with a wealth of know-how, experience and ability. Then call Faulkners Surveyors for a helpful chat, if you are looking for an expert yet versatile approach to all your residential or commercial property matters.
Our surveyors are regulated by the Faculty of Party Wall Surveyors and carry expert indemnity insurance coverage to cover their work.
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 easy to believe that the 1996 Party Wall Act does not affect garden building, 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 came into force in 1997, so it is now law and offers 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 limit fences.
The Party Wall Act does not affect any requirement for Planning Authorization for any work undertaken. Also, having Planning Permission 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 purposes of the Act ‘party wall’ does not just indicate the wall in between 2 semi-detached properties, as far as garden enthusiasts 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 but is not part of any building.
- Excavation close to a neighbouring home.
For details of how the Party Wall Act impacts building work in basic, have a look at this page.
As with all work impacting neighbours, it is always better to reach a friendly contract rather than turn to any law. Even where the work needs a notification to be served, it is much better to informally go over the desired work, consider the neighbours remarks, and modify your strategies (if suitable) prior to serving the notice.
What garden work needs a notice and permission.
The basic concept 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 might trigger damage to the neighbouring side of the wall must be alerted. If in doubt, suggestions should be sought from a regional Building Control Office or professional surveyor/architect.
Work in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or destroy limit wall.
- To increase the height or thickness 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 building where the excavation will go below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
Boundary walls
A notice must be released to all affected neighbouring celebrations if the planned work on a border wall falls under the Party Wall Act. The notification must include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the home undertaking the work.
- The address of the property.
- A complete description of the proposed work (this will generally be just a single sentence describing 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 notification is being served.
- If the work involves excavations, a drawing revealing the depth, position etc
If the planned work is a brand-new limit wall up to or astride the border line the process of serving a notification under the Party Wall Act is as follows:.
- The individual intending to carry out the work must serve a written notice at least one months prior to the designated start of the work to every neighbouring party giving information of the work to be performed.
- Each neighbouring party needs to respond in writing giving permission or signing up dissent – if a neighbouring party does nothing within 14 days of receiving the notification, the impact is to put the notification into disagreement. Nevertheless no formal agreement is needed for a wall up to the boundary line, the neighbour just needs not to object in writing.
- No work may commence on a wall astride the boundary line till all neighbouring celebrations have actually agreed in writing to the notification (or a modified notification).
See below concerning what happens in the event of a dispute/objection.
Excavations.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served at least one month prior to the planned start day of the work. Neighbouring parties need to offer written agreement within 14 days or a conflict is considered to have happened.
See below concerning what takes place in the event of a dispute/objection.
What happens if a dispute develops.
If contract can not be reached in between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are selected to figure out a unbiased and fair Award, either:.
- A single ‘Concurred Property surveyor’ (someone acceptable to all celebrations).
or. - Each party selects their own Surveyor to represent the private parties.
The individual who is performing the work will normally have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the opinion of the Property surveyor. Nevertheless it must be noted that any Surveyor must act within their statutory obligations and propose a reasonable and neutral Award.
- A single ‘Concurred Property surveyor’ (someone acceptable to all celebrations).
- The Agreed Surveyor, or the specific Surveyors collectively, will produce an Award which needs to be unbiased and reasonable to all parties.
- When an Award has actually been made, all celebrations have 2 week to interest a County Court versus the Award.
Once you have contract.
All work must comply with the notice when you have arrangement. All the contracts ought to be maintained to guarantee that a record of the granted permission is kept; a subsequent buyer of the home might want to establish that the work was carried out in accordance with the Party Wall Act requirements.
Remember:
- We have actually only provided a short summary of the Party Wall Act here as it affects garden work but have a look at the Neighborhoods and Local Government website for a more comprehensive explanatory booklet consisting of example letters for notifications and reactions.
- If a notice arrives suddenly, going over intended work with neighbours is free and can prevent misunderstanding which might occur.
- Your local Structure Control Workplace may have the ability to offer totally free advice relating to the Party Wall Act and how it applies to particular situations.
Related Articles
Around the Web