We are Party Wall Surveyors specialising in party wall issues in UK. We have over twenty five years experience of working in UK, acting for experts, businesses, in addition to for people.
Each short is special, and our devoted group of party wall surveyors is experienced in dealing with all manner of issues relating to party walls. We are proud to provide a bespoke service to match the varying requirements of our customers.
This site is developed to supply standard details in addition to offering you the opportunity to contact us directly with your issues and requirements, therefore allowing our specialist Party Wall Surveyors to recommend you accordingly.
The existing legislation handling party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or structures (including piled structures).
Our team of Faulkners Surveyors Party Wall Surveyors provides a special niche service, which allows you to have the very best quality service at competitively priced fees.
To learn more contact among our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
The Party Wall Act 1996
as it effects the garden
At first sight, it is easy to think that the 1996 Party Wall Act does not affect garden construction, nevertheless it does affect the building of limit walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 entered into force in 1997, so it is now law and gives you rights and duties 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 limit fences.
The Party Wall Act does not affect any requirement for Preparation Permission for any work carried out. Likewise, having Planning Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into effect if somebody is preparing to do work on a pertinent structure, for the functions of the Act ‘party wall’ does not just imply the wall in between 2 semi-detached residential or commercial properties, as far as garden enthusiasts are concerned it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is utilized to separate the properties but is not part of any building.
- Excavation close to a neighbouring residential or commercial property.
For details of how the Party Wall Act impacts building operate in general, take a look at this page.
Similar to all work impacting neighbours, it is always better to reach a friendly agreement rather than resort to any law. Even where the work requires a notification to be served, it is much better to informally discuss the designated work, consider the neighbours remarks, and change your strategies (if appropriate) prior to serving the notice.
What garden work requires a notification and consent.
The general concept of the Party Wall Act is that all work which might have an impact upon the structural strength or support function of the party wall or might trigger damage to the neighbouring side of the wall must be notified. If in doubt, guidance needs to be sought from a regional Structure Control Office or professional surveyor/architect.
Operate in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or destroy boundary wall.
- To increase the height or density of a party limit wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go below the bottom of the structures of the neighbouring structure.
- Excavations within 6 metres of a neighbouring building where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring building.
A notice must be released to all affected neighbouring parties if the prepared work on a limit wall falls under the Party Wall Act. The notification should consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the home carrying out the work.
- The address of the home.
- A full description of the proposed work (this will generally be simply a single sentence laying out 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 includes excavations, a drawing revealing the depth, position and so on
If the planned work is a brand-new boundary wall approximately or astride the boundary line the procedure of serving a notification under the Party Wall Act is as follows:.
- The person planning to carry out the work must serve a written notice at least one months before the designated start of the work to every neighbouring party offering details of the work to be carried out.
- Each neighbouring party needs to respond in writing giving approval or registering dissent – if a neighbouring party does nothing within 14 days of receiving the notice, the result is to put the notice into disagreement. No formal agreement is needed for a wall up to the border line, the neighbour simply requires not to object in writing.
- No work might begin on a wall astride the border line up until all neighbouring celebrations have agreed in writing to the notice (or a modified notification).
See listed below concerning what occurs in case of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served a minimum of one month before the prepared start day of the work. Neighbouring celebrations need to offer written arrangement within 14 days or a disagreement is considered to have taken place.
See listed below concerning what happens in case of a dispute/objection.
What occurs if a conflict emerges.
If arrangement can not be reached between neighbouring parties, the process is as follows:.
- A Surveyor or Surveyors is/are designated to figure out a reasonable and objective Award, either:.
- A single ‘Concurred Surveyor’ (somebody acceptable to all celebrations).
- Each party appoints their own Property surveyor to represent the specific parties.
The individual who is performing the work will normally have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the viewpoint of the Surveyor. It ought to be kept in mind that any Property surveyor must act within their statutory responsibilities and propose a fair and unbiased Award.
- A single ‘Concurred Surveyor’ (somebody acceptable to all celebrations).
- The Agreed Property surveyor, or the individual Surveyors jointly, will produce an Award which must be reasonable and neutral to all parties.
- When an Award has been made, all celebrations have 2 week to appeal to a County Court versus the Award.
Once you have agreement.
As soon as you have arrangement, all work must comply with the notification. All the arrangements must be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property may want to establish that the work was performed in accordance with the Party Wall Act requirements.
- We have actually only provided a short overview of the Party Wall Act here as it affects garden work but take a look at the Neighborhoods and Local Government website for a more extensive explanatory booklet including example letters for reactions and notifications.
- If a notification gets here all of a sudden, talking about designated work with neighbours is totally free and can prevent misconception which may emerge.
- Your regional Structure Control Workplace may be able to offer totally free suggestions concerning the Party Wall Act and how it applies to particular circumstances.
Around the Web