Faulkners Surveyors (Party Wall) was developed in 2010 and has actually grown rapidly over the past decade as a professional firm supplying expert and devoted services. Our group are dedicated to providing a quality service for transparent and sensible costs.
Our goal is to make the process as smooth and simplistic as possible by taking all matters forward progressive and in line with the Act. We aim to keep all celebrations up to date with the process and supply guarantee and convenience in the knowledge that certified professionals in Party Wall Matters have been appointed. The guarantee that our property surveyors are members of the Professors of Party Wall Surveyors and that the firm is an identified RICS firm supplies a network of security and benefiting factors of the assistance and backing of governing bodies.
The director of Faulkners Surveyors (Party Wall) is also a chair for the Northern Home Counties location of the Faculty of Faulkners Surveyors (Party Wall) whom supplies regular satisfies to guarantee all local surveyors have access to ongoing assistance and training. This makes sure that we are up to date with pertinent and recent case Law in addition to basic practices and working policies.
Faulkners Surveyors (Party Wall) is for that reason not only recognised for its professional group and inexpensive services by clients however also by and within the network of Party Wall Surveyors both in your area 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 impacts the garden
At first sight, it is easy to believe that the 1996 Party Wall Act does not affect garden building and construction, however it does impact the construction of boundary walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 entered force in 1997, so it is now law and offers you rights and obligations 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 boundary fences.
The Party Wall Act does not affect any requirement for Planning Permission for any work undertaken. Similarly, having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if someone is planning to do deal with an appropriate structure, for the functions of the Act ‘party wall’ does not just imply the wall between 2 semi-detached homes, as far as garden enthusiasts 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 properties 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, have a look at this page.
Just like all work affecting neighbours, it is always better to reach a friendly agreement instead of resort to any law. Even where the work needs a notice to be served, it is better to informally discuss the designated work, consider the neighbours comments, and change your strategies (if suitable) before serving the notification.
What garden work requires a notice and authorization.
The general principle of the Party Wall Act is that all work which might have a result upon the structural strength or support function of the party wall or may cause damage to the neighbouring side of the wall should be informed. If in doubt, advice must be looked for from a local Structure Control Office or professional surveyor/architect.
Operate in the garden covered by the Party Wall Act include:
- To destroy and/or rebuild/build a party limit 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 listed below the bottom of the structures of the neighbouring structure.
- 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 foundations of the neighbouring structure.
A notice must be issued to all affected neighbouring celebrations if the prepared work on a border wall falls under the Party Wall Act. The notice should include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property undertaking the work.
- The address of the property.
- A complete description of the proposed work (this will generally be simply a single sentence detailing 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 notification 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 as much as or astride the limit line the procedure of serving a notice under the Party Wall Act is as follows:.
- The individual planning to perform the work must serve a composed notification at least one months before the intended start of the work to every neighbouring party providing details of the work to be performed.
- Each neighbouring party must respond in composing giving authorization or signing up dissent – if a neighbouring party does nothing within 2 week of receiving the notification, the effect is to put the notification into conflict. No formal agreement is needed for a wall up to the border line, the neighbour just needs not to object in writing.
- No work might start on a wall astride the border line up until all neighbouring celebrations have concurred in writing to the notification (or a modified notification).
See 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 notice requires to be served at least one month before the prepared start day of the work. Neighbouring parties need to provide written arrangement within 2 week or a conflict is deemed to have actually happened.
See listed below regarding what happens in case of a dispute/objection.
If a conflict arises, what takes place.
If agreement can not be reached in between neighbouring parties, the procedure is as follows:.
- A Property surveyor or Surveyors is/are selected to identify a fair and objective Award, either:.
- A single ‘Concurred Property surveyor’ (someone appropriate to all celebrations).
- Each party designates their own Surveyor to represent the specific parties.
The individual who is carrying out the work will usually have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the opinion of the Property surveyor. It must be kept in mind that any Surveyor needs to act within their statutory responsibilities and propose a reasonable and unbiased Award.
- A single ‘Concurred Property surveyor’ (someone appropriate to all celebrations).
- The Agreed Surveyor, or the private Surveyors collectively, will produce an Award which needs to be fair and objective to all celebrations.
- As soon as an Award has actually been made, all parties have 14 days to attract a County Court versus the Award.
As soon as you have contract.
Once you have contract, all work should abide by the notice. All the contracts should be kept to ensure that a record of the granted permission is kept; a subsequent buyer of the home may want to establish that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually only given a quick overview of the Party Wall Act here as it affects garden work but take a look at the Neighborhoods and Local Government site for a more thorough explanatory booklet consisting of example letters for reactions and notifications.
- If a notice shows up suddenly, talking about desired work with neighbours is totally free and can avoid misconception which may emerge.
- Your local Structure Control Office might have the ability to give free recommendations concerning the Party Wall Act and how it applies to specific situations.
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