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Party Wall (WikiPedia)

A party wall (occasionally parti-wall or parting wall surface, additionally called typical wall or as a demising wall surface) is a separating dividers between 2 adjacent structures that is shared by the occupants of each house or business. Usually, the home builder lays the wall surface along a property line dividing two terraced residences, to ensure that one fifty percent of the wall’s density rests on each side. This kind of wall surface is generally architectural. Party wall surfaces can also be formed by two abutting walls constructed at various times. The term can be also used to define a division in between separate systems within a multi-unit apartment or condo complex. Very commonly the wall surface in this situation is non-structural however made to meet well established standards for noise and/or fire security, i.e. a firewall software.

party wall

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, nevertheless it does impact the building of border 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 a relevant structure or if your neighbour is.

The Party Wall Act does not apply to limit fences.

The Party Wall Act does not impact any requirement for Preparation Consent for any work undertaken. Similarly, having Preparation Authorization does not negate the requirements under the Party Wall Act.

The Party Wall Act enters into impact if somebody is planning to do deal with a relevant structure, for the functions of the Act ‘party wall’ does not simply imply the wall between 2 semi-detached properties, as far as gardeners are concerned it covers:

For details of how the Party Wall Act impacts structure operate in general, take a look at this page.

Just like all work affecting neighbours, it is constantly better to reach a friendly agreement rather than resort to any law. Even where the work requires a notice to be served, it is better to informally go over the intended work, consider the neighbours remarks, and modify your plans (if proper) prior to serving the notification.

What garden work needs a notification and permission.

The general concept of the Party Wall Act is that all work which may have an effect upon the structural strength or assistance function of the party wall or might cause damage to the neighbouring side of the wall should be alerted. If in doubt, recommendations needs to be looked for from a regional Structure Control Workplace or expert surveyor/architect.

Work in the garden covered by the Party Wall Act consist of:

Boundary walls

If the planned deal with a boundary wall falls under the Party Wall Act, a notification must be provided to all impacted neighbouring parties. The notice needs to include (see sample letters in Part 5 of the Party Wall leaflet):.

If the prepared work is a brand-new limit wall as much as or astride the limit line the process of serving a notice under the Party Wall Act is as follows:.

See below concerning what happens in the event of a dispute/objection.

Excavations.

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 parties must offer written arrangement within 2 week or a dispute is considered to have occurred.

See below concerning what takes place in case of a dispute/objection.

What happens if a disagreement emerges.

If contract can not be reached between neighbouring parties, the procedure is as follows:.

Once you have contract.

All work should comply with the notice as soon as you have contract. All the agreements should be maintained to make sure that a record of the granted permission is kept; a subsequent purchaser of the property might wish to establish that the work was carried out in accordance with the Party Wall Act requirements.

Keep in mind:

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