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:
Impartial suggestions on all Party Wall Matters
Pre-commencement appraisals
Preparation and service of valid Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjoining Owners or Structure Owners
Acting as the Agreed Party Wall Property Surveyor
Carrying Out Schedules of Condition surveys
Preparation and negotiation of Party Wall Awards (Contracts).
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 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:
- 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 near to a neighbouring residential or commercial property.
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:
- To destroy and/or rebuild/build a party border wall.
- To increase the height or density of a party boundary 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 structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
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):.
- The owners of the home carrying out the work.
- The address of the property.
- A full description of the proposed work (this will normally be simply a single sentence detailing 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 notice is being served.
- If the work includes excavations, a drawing showing the depth, position etc
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:.
- The person meaning to perform the work must serve a composed notification at least one months before the desired start of the work to every neighbouring party providing information of the work to be carried out.
- Each neighbouring party should react in writing giving approval or signing up dissent – if a neighbouring party not does anything within 14 days of receiving the notification, the impact is to put the notice into conflict. Nevertheless no official contract is needed for a wall as much as the border line, the neighbour just needs not to object in composing.
- No work might begin on a wall astride the boundary line up until all neighbouring parties have actually concurred in writing to the notification (or a revised notification).
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:.
- A Surveyor or Surveyors is/are selected to figure out a impartial and fair Award, either:.
- A single ‘Concurred Surveyor’ (someone acceptable to all parties).
or. - Each party designates their own Property surveyor to represent the specific parties.
The individual who is carrying out the work will generally have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the opinion of the Property surveyor. It needs to be noted that any Surveyor should act within their statutory responsibilities and propose a reasonable and neutral Award.
- A single ‘Concurred Surveyor’ (someone acceptable to all parties).
- The Agreed Surveyor, or the private Surveyors jointly, will produce an Award which must be unbiased and fair to all celebrations.
- When an Award has actually been made, all parties have 2 week to appeal to a County Court versus the Award.
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:
- We have actually just offered a short overview of the Party Wall Act here as it impacts garden work however have a look at the Communities and City government site for a more extensive explanatory booklet including example letters for responses and notifications.
- Discussing designated work with neighbours is free and can prevent misconception which may develop if a notice gets here suddenly.
- Your local Structure Control Workplace may have the ability to provide totally free guidance relating to the Party Wall Act and how it applies to specific scenarios.
Related Articles
Around the Web