The Faulkners Surveyors is a specialist Chartered Structure Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all elements of the Party Wall etc. Act 1996 and offers the following services:
Impartial advice on all Party Wall Matters
Pre-commencement appraisals
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjoining Owners or Structure Owners
Acting as the Agreed Party Wall Surveyor
Carrying Out Schedules of Condition surveys
Preparation and settlement of Party Wall Awards (Contracts).
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 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 provides you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on a relevant 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 Consent for any work carried out. Similarly, having Preparation Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into result if somebody is preparing to do deal with a relevant structure, for the purposes of the Act ‘party wall’ does not simply indicate the wall in between 2 semi-detached homes, as far as garden enthusiasts are worried it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is utilized to separate the homes however is not part of any structure.
- Excavation near to a neighbouring property.
For information of how the Party Wall Act affects structure work in general, take a look at this page.
Similar to all work impacting neighbours, it is constantly much better to reach a friendly contract 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, think about the neighbours remarks, and amend your strategies (if proper) prior to serving the notification.
What garden work needs a notice and permission.
The general concept of the Party Wall Act is that all work which may have an impact upon the structural strength or assistance function of the party wall or may trigger damage to the neighbouring side of the wall must be notified. If in doubt, guidance ought to be looked for from a local Building Control Office or professional surveyor/architect.
Operate in the garden covered by the Party Wall Act consist of:
- To destroy and/or rebuild/build a party border wall.
- To increase the height or density of a party boundary wall.
- Excavations within 3 metres of a neighbouring building 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 building.
Boundary walls
If the planned deal with a boundary wall falls under the Party Wall Act, a notice must be released to all impacted neighbouring parties. The notification should consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the residential or commercial property carrying out the work.
- The address of the property.
- 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 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 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 notice under the Party Wall Act is as follows:.
- The person planning to perform the work needs to serve a composed notice a minimum of one months prior to the desired start of the work to every neighbouring party offering details of the work to be performed.
- Each neighbouring party needs to react in composing providing authorization or signing up dissent – if a neighbouring party does nothing within 2 week of getting the notice, the effect is to put the notification into conflict. Nevertheless no official arrangement is needed for a wall as much as the limit line, the neighbour just needs not to object in composing.
- No work may begin on a wall astride the limit line up until all neighbouring parties have agreed in writing to the notice (or a revised notice).
See below concerning what takes place in the event of a dispute/objection.
Excavations.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notification needs to be served at least one month prior to the prepared start day of the work. Neighbouring parties need to give written agreement within 14 days or a conflict is deemed to have actually taken place.
See listed below concerning what happens in case of a dispute/objection.
If a dispute emerges, what occurs.
If arrangement can not be reached between neighbouring celebrations, the process is as follows:.
- A Property surveyor or Surveyors is/are selected to determine a reasonable and impartial Award, either:.
- A single ‘Concurred Surveyor’ (somebody appropriate to all parties).
or. - Each party selects their own Property surveyor to represent the individual parties.
The person who is carrying out the work will usually need to pay all the expenses 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 Surveyor must act within their statutory duties and propose a reasonable and neutral Award.
- A single ‘Concurred Surveyor’ (somebody appropriate to all parties).
- The Agreed Surveyor, or the private Surveyors jointly, will produce an Award which needs to be fair and neutral to all parties.
- As soon as an Award has been made, all parties have 14 days to attract a County Court versus the Award.
Once you have agreement.
All work needs to comply with the notice when you have agreement. All the contracts need to be maintained to ensure that a record of the granted permission is kept; a subsequent buyer of the property might want to develop that the work was carried out in accordance with the Party Wall Act requirements.
Remember:
- We have actually just given a short summary of the Party Wall Act here as it impacts garden work however take a look at the Communities and City government site for a more extensive explanatory booklet consisting of example letters for notifications and responses.
- If a notification arrives all of a sudden, talking about desired work with neighbours is totally free and can prevent misconception which may develop.
- Your local Structure Control Workplace might be able to provide totally free recommendations relating to the Party Wall Act and how it applies to specific circumstances.
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