The Faulkners Surveyors is a professional Chartered Structure Surveying Practice that runs throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall etc. Act 1996 and provides the following services:

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.

party wall

The Party Wall Act 1996

as it impacts the garden

At first sight, it is easy to think that the 1996 Party Wall Act does not impact garden building and construction, however it does affect 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 deal with a pertinent 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 Consent for any work undertaken. Likewise, having Planning Permission does not negate the requirements under the Party Wall Act.

The Party Wall Act enters impact if someone is preparing to do deal with an appropriate structure, for the functions of the Act ‘party wall’ does not just mean the wall between 2 semi-detached properties, as far as gardeners are worried it covers:

For details of how the Party Wall Act affects building operate in general, have a look at this page.

Just like all work impacting neighbours, it is always much better to reach a friendly contract rather than resort to any law. Even where the work requires a notification to be served, it is better to informally go over the designated work, consider the neighbours comments, and amend your plans (if proper) before serving the notification.

What garden work requires a notice and authorization.

The basic concept 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 may trigger damage to the neighbouring side of the wall should be alerted. Advice needs to be sought from a local Structure Control Workplace or professional surveyor/architect if in doubt.

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

Boundary walls

A notification needs to be provided to all impacted neighbouring parties if the prepared work on a border wall falls under the Party Wall Act. The notice should consist of (see sample letters in Part 5 of the Party Wall brochure):.

If the planned work is a brand-new limit wall approximately or astride the border line the procedure of serving a notice under the Party Wall Act is as follows:.

See below regarding 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 notice needs to be served at least one month before the planned start day of the work. Neighbouring parties need to give written arrangement within 14 days or a dispute is deemed to have actually happened.

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

If a conflict emerges, what happens.

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

When you have arrangement.

As soon as you have arrangement, all work should comply with the notice. All the arrangements should be maintained to make sure that a record of the granted permission is kept; a subsequent purchaser of the home might wish to develop that the work was carried out in accordance with the Party Wall Act requirements.

Keep in mind:

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