Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every aspect necessary to recommend upon and deal with Party Wall concerns, such as:
- Preparing and serving legitimate Party Wall Notices
- Acting as the Structure Owners Party Wall Surveyor
- Acting as the Adjoining Owners Party Wall Surveyor
- Acting as the Agreed Party Wall Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are professionals and operate in accordance with the regulations set down by the Professors of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to comply with this legislation might lead to works being illegal.
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 impact garden building and construction, nevertheless it does affect the construction of limit 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 provides you rights and obligations whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on a pertinent structure or if your neighbour is.
The Party Wall Act does not apply to border fences.
The Party Wall Act does not impact any requirement for Preparation Approval for any work undertaken. Likewise, having Preparation Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters result if someone is preparing to do deal with an appropriate structure, for the functions of the Act ‘party wall’ does not simply imply the wall in between two semi-detached 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 properties however is not part of any building.
- Excavation close to a neighbouring home.
For details of how the Party Wall Act affects structure work in general, take a look at this page.
As with all work impacting neighbours, it is always much better to reach a friendly arrangement instead of turn to any law. Even where the work requires a notice to be served, it is much better to informally talk about the designated work, consider the neighbours remarks, and change your strategies (if appropriate) before serving the notification.
What garden work needs a notification and consent.
The basic principle of the Party Wall Act is that all work which might have an impact upon the structural strength or assistance function of the party wall or might cause damage to the neighbouring side of the wall need to be alerted. If in doubt, suggestions should be sought from a regional Building Control Workplace or professional surveyor/architect.
Operate in the garden covered by the Party Wall Act consist of:
- To demolish and/or rebuild/build a party border 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 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 building.
If the prepared deal with a limit wall falls under the Party Wall Act, a notification should be released to all affected neighbouring parties. The notification needs to 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 home.
- A full description of the proposed work (this will normally be just a single sentence detailing 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 showing the depth, position and so on
If the prepared work is a new border wall approximately or astride the limit line the process of serving a notification under the Party Wall Act is as follows:.
- The person planning to perform the work needs to serve a composed notice at least one months prior to the designated start of the work to every neighbouring party offering details of the work to be performed.
- Each neighbouring party ought to react in writing providing permission or registering dissent – if a neighbouring party not does anything within 14 days of getting the notification, the result is to put the notification into conflict. No official arrangement is required for a wall up to the limit line, the neighbour just requires not to object in writing.
- No work may commence on a wall astride the border line until all neighbouring celebrations have concurred in writing to the notice (or a modified notice).
See listed below regarding what occurs in the event 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 prior to the prepared start day of the work. Neighbouring parties should offer written agreement within 14 days or a disagreement is considered to have occurred.
See below regarding what happens in the event of a dispute/objection.
What happens if a disagreement develops.
If arrangement can not be reached between neighbouring celebrations, the procedure is as follows:.
- A Surveyor or Surveyors is/are selected to identify a fair and neutral Award, either:.
- A single ‘Agreed Surveyor’ (somebody appropriate to all celebrations).
- Each party designates their own Surveyor to represent the individual celebrations.
The person who is performing the work will typically need 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. It must be noted that any Property surveyor needs to act within their statutory obligations and propose a impartial and fair Award.
- A single ‘Agreed Surveyor’ (somebody appropriate to all celebrations).
- The Agreed Property surveyor, or the specific Surveyors collectively, will produce an Award which should be fair and objective to all celebrations.
- Once an Award has been made, all parties have 2 week to interest a County Court versus the Award.
When you have arrangement.
Once you have agreement, all work should abide by the notice. All the contracts should be retained to guarantee that a record of the granted permission is kept; a subsequent purchaser of the property may want to develop that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve just offered a quick outline of the Party Wall Act here as it impacts garden work but have a look at the Neighborhoods and City government website for a more detailed explanatory booklet including example letters for notices and actions.
- If a notice arrives unexpectedly, going over designated work with neighbours is complimentary and can prevent misconception which might develop.
- Your local Building Control Office might have the ability to offer complimentary guidance regarding the Party Wall Act and how it applies to particular situations.
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