We are Party Wall Surveyors specialising in party wall problems in UK. We have over twenty five years experience of working in UK, acting for specialists, organizations, in addition to for individuals.
Each quick is special, and our dedicated group of party wall property surveyors is experienced in handling all manner of concerns associating with party walls. We are proud to use a bespoke service to match the varying needs of our clients.
This website is created to supply basic information as well as offering you the opportunity to contact us directly with your problems and requirements, hence enabling our professional Party Wall Surveyors to advise you accordingly.
The present legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or structures (including stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors offers a distinct specific niche service, which enables you to have the very best quality service at competitively priced costs.
To learn more contact one of our Faulkners Surveyors Party Wall property surveyors on 03300100262.
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 impacts the garden
At first sight, it is simple to think that the 1996 Party Wall Act does not impact garden construction, nevertheless 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 came 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 an appropriate 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 Permission for any work carried out. Having Preparation 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 functions of the Act ‘party wall’ does not simply imply the wall between two semi-detached properties, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is used to separate the properties but is not part of any structure.
- Excavation close to a neighbouring home.
For details of how the Party Wall Act impacts structure work in general, have a look at this page.
Just like all work affecting neighbours, it is constantly much better to reach a friendly agreement rather than resort to any law. Even where the work requires a notification to be served, it is better to informally discuss the designated work, think about the neighbours comments, and modify your strategies (if proper) before serving the notice.
What garden work requires a notice and authorization.
The general principle 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 trigger damage to the neighbouring side of the wall must be informed. If in doubt, recommendations ought to be looked for from a local 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 demolish boundary wall.
- To increase the height or thickness of a party limit wall.
- Excavations within 3 metres of a neighbouring structure 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 structure.
If the planned work on a limit wall falls under the Party Wall Act, a notice should be released to all affected neighbouring celebrations. The notice should 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 home.
- A full description of the proposed work (this will usually be just a single sentence describing 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 etc
If the prepared work is a brand-new boundary wall approximately or astride the border line the procedure of serving a notification under the Party Wall Act is as follows:.
- The individual meaning to carry out the work needs to serve a written notification a minimum of one months prior to the desired start of the work to every neighbouring party offering details of the work to be performed.
- Each neighbouring party ought to respond in writing giving consent or registering dissent – if a neighbouring party not does anything within 14 days of receiving the notice, the impact is to put the notice into conflict. No formal arrangement is required for a wall up to the boundary line, the neighbour simply needs not to object in composing.
- No work may start on a wall astride the boundary line till all neighbouring parties have actually concurred in writing to the notice (or a revised notification).
See listed below concerning what takes place in the event of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notification needs to be served a minimum of one month prior to the prepared start day of the work. Neighbouring parties must give written contract within 14 days or a dispute is considered to have happened.
See below regarding what occurs in case of a dispute/objection.
If a disagreement occurs, what takes place.
If agreement can not be reached in between neighbouring parties, the process is as follows:.
- A Surveyor or Surveyors is/are selected to identify a neutral and reasonable Award, either:.
- A single ‘Agreed Surveyor’ (someone appropriate to all celebrations).
- Each party designates their own Property surveyor to represent the individual parties.
The person who is carrying out the work will normally have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the viewpoint of the Surveyor. However it must be noted that any Property surveyor needs to act within their statutory obligations and propose a unbiased and reasonable Award.
- A single ‘Agreed Surveyor’ (someone appropriate to all celebrations).
- The Agreed Property surveyor, or the individual Surveyors collectively, will produce an Award which needs to be reasonable and neutral to all celebrations.
- When an Award has been made, all celebrations have 14 days to interest a County Court versus the Award.
When you have contract.
All work should comply with the notice when you have contract. All the contracts should be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property might want to establish that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just offered a short overview of the Party Wall Act here as it affects garden work but take a look at the Communities and City government site for a more detailed explanatory brochure including example letters for responses and notifications.
- If a notification gets here unexpectedly, discussing intended work with neighbours is complimentary and can avoid misconception which may occur.
- Your regional Structure Control Office may be able to offer complimentary suggestions regarding the Party Wall Act and how it applies to particular situations.
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