Faulkners Surveyors (Party Wall) was established in 2010 and has proliferated over the past decade as a professional firm offering dedicated and expert services. Our group are devoted to providing a quality service for reasonable and transparent 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 procedure and offer guarantee and comfort in the knowledge that qualified professionals in Party Wall Matters have actually been appointed. The guarantee that our surveyors are members of the Faculty of Party Wall Surveyors which the firm is a recognised RICS firm offers a network of security and benefiting elements of the assistance and backing of governing bodies.
The director of Faulkners Surveyors (Party Wall) is also a chair for the Northern House Counties location of the Faculty of Faulkners Surveyors (Party Wall) whom supplies routine meets to make sure all local property surveyors have access to continuous support and training. This makes sure that we are up to date with pertinent and recent case Law as well as general practices and working policies.
Faulkners Surveyors (Party Wall) is therefore not only identified for its professional group and budget-friendly services by customers but also by and within the network of Party Wall Surveyors both locally and nationally.
Party Wall (WikiPedia)
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, however it does affect the construction of boundary walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and gives 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 impact any requirement for Planning Approval for any work undertaken. Having Planning Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into impact if someone is preparing to do deal with an appropriate structure, for the purposes of the Act ‘party wall’ does not simply suggest the wall in between two semi-detached properties, as far as garden enthusiasts are concerned it covers:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is utilized to separate the properties however is not part of any structure.
- Excavation close to a neighbouring home.
For information of how the Party Wall Act affects building work in general, have a look at this page.
Just like all work affecting neighbours, it is constantly better to reach a friendly contract rather than turn to any law. Even where the work needs a notice to be served, it is much better to informally discuss the desired work, consider the neighbours remarks, and modify your plans (if proper) before serving the notice.
What garden work needs a notification and authorization.
The basic concept of the Party Wall Act is that all work which might have an effect upon the structural strength or assistance function of the party wall or might cause damage to the neighbouring side of the wall should be notified. Guidance should be sought from a local Building Control Workplace or expert surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or destroy limit wall.
- To increase the height or thickness of a party boundary 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 structure where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring building.
A notice should be provided to all impacted neighbouring parties if the prepared work on a border wall falls under the Party Wall Act. The notification must consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the residential or commercial property undertaking the work.
- The address of the property.
- A complete description of the proposed work (this will typically be simply a single sentence laying out 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 notification is being served.
- If the work includes excavations, a drawing revealing the depth, position etc
If the prepared work is a new limit wall up to or astride the limit line the process of serving a notification under the Party Wall Act is as follows:.
- The individual planning to perform the work needs to serve a written notification a minimum of one months before the designated start of the work to every neighbouring party providing information of the work to be performed.
- Each neighbouring party needs to respond in writing offering authorization or registering dissent – if a neighbouring party does nothing within 2 week of receiving the notice, the effect is to put the notice into dispute. No formal contract is needed for a wall up to the border line, the neighbour simply requires not to object in composing.
- No work might start on a wall astride the limit line up until all neighbouring celebrations have concurred in writing to the notification (or a revised notice).
See below regarding what happens in case of a dispute/objection.
If the prepared 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 before the planned start day of the work. Neighbouring celebrations need to give written contract within 14 days or a dispute is considered to have actually occurred.
See below regarding what takes place in the event of a dispute/objection.
If a disagreement develops, what occurs.
If arrangement can not be reached between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are appointed to figure out a reasonable and impartial Award, either:.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- Each party selects their own Surveyor to represent the individual 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 Surveyor unnecessarily – in the opinion of the Surveyor. However it must be noted that any Property surveyor should act within their statutory obligations and propose a fair and unbiased Award.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- The Agreed Surveyor, or the private Surveyors jointly, will produce an Award which must be neutral and fair to all parties.
- Once an Award has been made, all parties have 2 week to interest a County Court versus the Award.
As soon as you have arrangement.
All work must comply with the notification when you have arrangement. All the arrangements should be kept to ensure that a record of the granted permission is kept; a subsequent buyer of the home may wish to develop that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually only offered a brief outline of the Party Wall Act here as it affects garden work however have a look at the Neighborhoods and Local Government site for a more extensive explanatory booklet including example letters for reactions and notifications.
- If a notice arrives suddenly, discussing desired work with neighbours is complimentary and can prevent misconception which might develop.
- Your local Structure Control Office might be able to give free recommendations relating to the Party Wall Act and how it applies to particular circumstances.
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