What is a Party Wall Award?
The procedure and requirements of a Party Wall Award are as set out in the Party Wall and so on. Act 1996. A Party Wall Award is an arrangement made in between at least 2 neighbouring occupiers prior to the beginning of construction/building work which is to be carried out to a party limit or structure, or where works are being carried out in close proximity to a party limit or structure. There are 3 main kinds of work which require a Party Wall Surveyor to conduct a Party Wall Award and these are:
- Line of junction (developing a brand-new wall on or alongside a limit).
- Party Structure Functions (works to an existing party wall such as cutting into, reconstructing, thickening and so on).
- Nearby Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and throughout the UK, our experienced industrial building surveyors carry out a series of expert surveying services consisting of Party Wall Surveys (Party Wall Awards). At Commercial Building Surveyors we perform Party Wall Studies by skilled and professional Party Wall Surveyors throughout the UK.
Party Wall (WikiPedia)
The Party Wall Act 1996
as it effects the garden
At first sight, it is simple to believe that the 1996 Party Wall Act does not affect garden building, nevertheless it does affect the building of border walls even if not part of buildings and can likewise applies to deep excavations.
The Party Wall Act 1996 entered 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 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 Planning Approval for any work undertaken. Having Planning Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into result if somebody is planning to do deal with an appropriate structure, for the functions of the Act ‘party wall’ does not simply indicate the wall in between 2 semi-detached residential or commercial properties, 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 homes but is not part of any building.
- Excavation near to a neighbouring residential or commercial property.
For information of how the Party Wall Act impacts structure operate in general, have a look at this page.
Just like all work affecting neighbours, it is always better to reach a friendly agreement rather than resort to any law. Even where the work needs a notification to be served, it is better to informally go over the intended work, think about the neighbours remarks, and change your strategies (if appropriate) prior to serving the notice.
What garden work needs a notice and permission.
The basic principle of the Party Wall Act is that all work which may have an impact upon the structural strength or support function of the party wall or may trigger damage to the neighbouring side of the wall need to be notified. Suggestions must be looked for from a local Building Control Office or professional surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or demolish border wall.
- To increase the height or density of a party boundary wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go listed below the bottom of the foundations of the neighbouring structure.
- Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring structure.
If the prepared deal with a limit wall falls under the Party Wall Act, a notification needs to be issued to all affected neighbouring celebrations. The notice needs to consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property undertaking the work.
- The address of the home.
- A full description of the proposed work (this will usually be simply a single sentence describing the work).
- The proposed start date for the work.
- A clear statement 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 and so on
If the prepared work is a new border wall approximately or astride the limit line the procedure of serving a notice under the Party Wall Act is as follows:.
- The individual meaning to perform the work should serve a written notification a minimum of one months before the desired start of the work to every neighbouring party providing information of the work to be performed.
- Each neighbouring party needs to respond in writing giving permission or registering dissent – if a neighbouring party does nothing within 14 days of getting the notice, the result is to put the notification into conflict. No official arrangement is required for a wall up to the boundary line, the neighbour just requires not to object in writing.
- No work may start on a wall astride the boundary line until all neighbouring parties have agreed in writing to the notice (or a revised notification).
See listed below concerning what happens 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 notification needs to be served a minimum of one month prior to the prepared start day of the work. Neighbouring parties must offer written arrangement within 2 week or a dispute is considered to have happened.
See below concerning what happens in the event of a dispute/objection.
If a dispute develops, what occurs.
If agreement can not be reached in between neighbouring celebrations, the procedure is as follows:.
- A Property surveyor or Surveyors is/are designated to figure out a neutral and fair Award, either:.
- A single ‘Concurred Surveyor’ (someone acceptable to all parties).
- Each party selects their own Property surveyor to represent the private parties.
The person who is carrying out the work will usually have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the viewpoint of the Surveyor. It needs to be noted that any Property surveyor should act within their statutory obligations and propose a objective and reasonable Award.
- A single ‘Concurred Surveyor’ (someone acceptable to all parties).
- The Agreed Surveyor, or the specific Surveyors jointly, will produce an Award which must be objective and fair to all parties.
- Once an Award has actually been made, all parties have 2 week to appeal to a County Court against the Award.
Once you have arrangement.
All work should comply with the notice once you have arrangement. All the agreements ought to be maintained to guarantee that a record of the granted permission is kept; a subsequent purchaser of the property might wish to develop that the work was performed in accordance with the Party Wall Act requirements.
- We have actually just provided a brief overview of the Party Wall Act here as it impacts garden work however have a look at the Neighborhoods and Local Government website for a more comprehensive explanatory booklet consisting of example letters for notices and reactions.
- If a notice arrives unexpectedly, going over desired work with neighbours is free and can avoid misunderstanding which might develop.
- Your regional Building Control Office may be able to give totally free advice relating to the Party Wall Act and how it applies to specific scenarios.
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