Faulkners Surveyors (Party Wall) was developed in 2010 and has actually grown rapidly over the past years as a specialist firm offering devoted and professional services. Our team are dedicated to supplying a quality service for transparent and reasonable costs.
Our aim is to make the process as simplistic and smooth as possible by taking all matters forward progressive and in line with the Act. We intend to keep all celebrations approximately date with the process and supply assurance and convenience in the understanding that certified specialists in Party Wall Matters have actually been designated. The guarantee that our surveyors are members of the Faculty of Party Wall Surveyors which the firm is an acknowledged RICS firm provides a network of security and benefiting elements of the support and backing of governing bodies.
The director of Faulkners Surveyors (Party Wall) is also a chair for the Northern House Counties location of the Professors of Faulkners Surveyors (Party Wall) whom provides routine satisfies to ensure all regional surveyors have access to ongoing support and training. This guarantees that we depend on date with pertinent and recent case Law in addition to general practices and working policies.
Faulkners Surveyors (Party Wall) is therefore not just identified for its specialist group and cost effective services by customers however also by and within the network of Party Wall Surveyors both locally and nationally.
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 think that the 1996 Party Wall Act does not affect garden building and construction, nevertheless it does affect the construction of border walls even if not part of buildings and can likewise applies to deep excavations.
The Party Wall Act 1996 entered 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 relevant 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 Preparation Authorization for any work undertaken. Having Planning Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into effect if somebody is planning to do work on an appropriate structure, for the purposes of the Act ‘party wall’ does not just mean the wall in between two semi-detached homes, 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 however is not part of any building.
- Excavation close to a neighbouring residential or commercial property.
For details of how the Party Wall Act impacts structure work in general, take a look at this page.
Just like all work affecting neighbours, it is constantly better to reach a friendly arrangement instead of resort to any law. Even where the work needs a notification to be served, it is better to informally discuss the designated work, think about the neighbours comments, and change your strategies (if proper) prior to serving the notice.
What garden work needs a notice and approval.
The basic concept of the Party Wall Act is that all work which might have an effect 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. Advice should be sought from a regional Building Control Workplace or expert surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act include:
- To demolish and/or rebuild/build a party boundary wall.
- To increase the height or thickness of a party boundary wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the structures 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 structures of the neighbouring structure.
Boundary walls
A notification should be released to all impacted neighbouring celebrations if the prepared work on a limit wall falls under the Party Wall Act. The notification needs to include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property undertaking 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 notification is being served under The Party Wall etc Act 1996.
- The date the notice is being served.
- If the work involves excavations, a drawing revealing the depth, position and so on
If the planned work is a new border wall approximately or astride the limit line the procedure of serving a notice under the Party Wall Act is as follows:.
- The person meaning to carry out the work must serve a composed notification a minimum of one months before the desired start of the work to every neighbouring party offering information of the work to be carried out.
- Each neighbouring party should react in composing providing authorization or signing up dissent – if a neighbouring party not does anything within 14 days of receiving the notice, the impact is to put the notice into dispute. No formal agreement is needed for a wall up to the boundary line, the neighbour simply needs not to object in composing.
- No work might start on a wall astride the border line until all neighbouring parties have actually concurred in writing to the notification (or a revised notice).
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 needs to be served a minimum of one month before the prepared start day of the work. Neighbouring parties must offer written contract within 2 week or a disagreement is deemed to have taken place.
See below regarding what happens in case of a dispute/objection.
What occurs if a conflict emerges.
If contract can not be reached between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are designated to identify a impartial and reasonable Award, either:.
- A single ‘Concurred Surveyor’ (someone acceptable to all parties).
or. - Each party selects their own Property surveyor to represent the individual parties.
The person who is carrying out the work will typically need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the viewpoint of the Property surveyor. It must be kept in mind that any Property surveyor should act within their statutory duties and propose a reasonable and objective Award.
- A single ‘Concurred Surveyor’ (someone acceptable to all parties).
- The Agreed Surveyor, or the individual Surveyors collectively, will produce an Award which should be unbiased and fair to all parties.
- As soon as an Award has actually been made, all celebrations have 2 week to appeal to a County Court versus the Award.
Once you have contract.
All work needs to comply with the notice once you have contract. All the arrangements ought to be kept to guarantee that a record of the granted permission is kept; a subsequent purchaser of the property may want to develop that the work was carried out in accordance with the Party Wall Act requirements.
Remember:
- We’ve only offered a quick summary of the Party Wall Act here as it affects garden work but take a look at the Neighborhoods and City government website for a more comprehensive explanatory pamphlet consisting of example letters for reactions and notices.
- If a notification shows up all of a sudden, talking about intended work with neighbours is free and can avoid misconception which might emerge.
- Your local Building Control Office may be able to give free suggestions concerning the Party Wall Act and how it applies to specific scenarios.
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