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Each quick is special, and our dedicated team of party wall property surveyors is experienced in handling all manner of issues associating with party walls. We are proud to provide a bespoke service to match the differing requirements of our customers.
This site is created to supply basic details along with using you the opportunity to call us straight with your requirements and issues, thus enabling our expert Party Wall Surveyors to recommend you accordingly.
The existing legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or structures (consisting of piled structures).
Our team of Faulkners Surveyors Party Wall Surveyors provides an unique niche service, which enables you to have the very best quality service at competitively priced fees.
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Party Wall (WikiPedia)
The Party Wall Act 1996
as it effects the garden
At first sight, it is simple to think that the 1996 Party Wall Act does not affect garden building and construction, however it does impact the building of limit walls even if not part of structures and can likewise applies to deep excavations.
The Party Wall Act 1996 entered 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 work on an appropriate 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 Consent for any work carried out. Likewise, having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into effect if somebody is preparing to do work on a relevant structure, for the purposes of the Act ‘party wall’ does not simply imply the wall between two semi-detached residential or commercial properties, as far as gardeners are concerned it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is utilized to separate the residential or commercial properties but is not part of any structure.
- Excavation near to a neighbouring home.
For information of how the Party Wall Act impacts building work in basic, have a look at this page.
As with all work impacting neighbours, it is always better to reach a friendly contract instead of turn to any law. Even where the work requires a notification to be served, it is better to informally talk about the designated work, think about the neighbours comments, and modify your plans (if suitable) before serving the notification.
What garden work needs a notification and authorization.
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 alerted. Guidance must be sought from a regional Building Control Workplace or professional surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or demolish limit 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 foundations of the neighbouring building.
- 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 planned deal with a boundary wall falls under the Party Wall Act, a notice should be issued to all affected neighbouring celebrations. The notice must include (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 outlining 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 involves excavations, a drawing revealing the depth, position etc
If the planned work is a new boundary wall as much as or astride the border line the process of serving a notification under the Party Wall Act is as follows:.
- The person planning to perform the work should serve a written notice a minimum of one months prior to the intended start of the work to every neighbouring party offering details of the work to be performed.
- Each neighbouring party must respond in composing providing permission or signing up dissent – if a neighbouring party not does anything within 14 days of receiving the notice, the result is to put the notice into dispute. Nevertheless no formal contract is needed for a wall as much as the limit line, the neighbour simply requires not to object in writing.
- No work may commence 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 planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice requires to be served a minimum of one month prior to the planned start day of the work. Neighbouring celebrations need to offer written contract within 14 days or a disagreement is considered to have actually taken place.
See below regarding what takes place in the event of a dispute/objection.
If a dispute occurs, what happens.
If contract can not be reached in between neighbouring parties, the process is as follows:.
- A Surveyor or Surveyors is/are designated to determine a reasonable and unbiased Award, either:.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- Each party designates their own Surveyor to represent the private parties.
The individual who is carrying out the work will generally have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the opinion of the Property surveyor. It must be noted that any Property surveyor needs to act within their statutory duties and propose a reasonable and impartial Award.
- A single ‘Agreed Property surveyor’ (someone acceptable to all parties).
- The Agreed Property surveyor, or the individual Surveyors jointly, will produce an Award which needs to be unbiased and fair to all celebrations.
- As soon as an Award has been made, all celebrations have 14 days to interest a County Court versus the Award.
As soon as you have arrangement.
All work must comply with the notice when you have agreement. All the agreements ought to be retained to guarantee that a record of the granted permission is kept; a subsequent buyer of the residential or commercial property may wish to develop that the work was carried out in accordance with the Party Wall Act requirements.
- We have actually just provided a brief summary of the Party Wall Act here as it impacts garden work but take a look at the Communities and Local Government site for a more detailed explanatory brochure consisting of example letters for actions and notifications.
- If a notice arrives all of a sudden, going over intended work with neighbours is totally free and can prevent misunderstanding which may occur.
- Your regional Structure Control Workplace might have the ability to give free recommendations concerning the Party Wall Act and how it applies to specific situations.
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