Faulkners Surveyors (Party Wall) was established in 2010 and has grown rapidly over the past decade as a professional firm providing professional and devoted services. Our team are dedicated to supplying a quality service for transparent and sensible expenses.
Our goal is to make the process as smooth and simple as possible by taking all matters forward progressive and in line with the Act. We aim to keep all celebrations as much as date with the procedure and provide guarantee and comfort in the knowledge that certified professionals in Party Wall Matters have been appointed. The guarantee that our surveyors are members of the Professors of Party Wall Surveyors which the company is an acknowledged RICS firm supplies a network of security and benefiting factors of the assistance and backing of governing bodies.
The director of Faulkners Surveyors (Party Wall) is likewise a chair for the Northern House Counties location of the Professors of Faulkners Surveyors (Party Wall) whom offers routine satisfies to ensure all regional property surveyors have access to ongoing support and training. This makes sure that we are up to date with recent and relevant case Law along with basic practices and working policies.
Faulkners Surveyors (Party Wall) is therefore not just recognised for its specialist team and affordable services by consumers however likewise by and within the network of Party Wall Surveyors both in your area and nationally.
Party Wall (WikiPedia)
The Party Wall Act 1996
as it effects the garden
At first sight, it is easy to think that the 1996 Party Wall Act does not affect garden construction, nevertheless 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 entered 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 deal with a pertinent 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 Preparation Permission for any work carried out. Likewise, having Preparation Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into effect if someone is planning to do deal with a pertinent structure, for the functions of the Act ‘party wall’ does not simply mean the wall between two semi-detached homes, 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 residential or commercial properties but is not part of any structure.
- Excavation close to a neighbouring home.
For information of how the Party Wall Act affects structure operate in basic, have a look at this page.
Just like all work affecting neighbours, it is always better to reach a friendly arrangement instead of resort to any law. Even where the work needs a notification to be served, it is much better to informally go over the designated work, think about the neighbours remarks, and amend your strategies (if suitable) before serving the notification.
What garden work requires a notice and approval.
The basic concept 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 cause damage to the neighbouring side of the wall must be notified. If in doubt, suggestions ought to be sought from a regional Structure Control Workplace or expert surveyor/architect.
Operate in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or destroy limit 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 below the bottom of the structures of the neighbouring building.
- Excavations within 6 metres of a neighbouring structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
A notification must be provided to all affected neighbouring parties if the planned work on a limit wall falls under the Party Wall Act. The notice needs to consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the home undertaking the work.
- The address of the residential or commercial property.
- A complete description of the proposed work (this will typically be just a single sentence detailing 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 involves excavations, a drawing revealing the depth, position etc
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 intending to perform the work needs to serve a composed notice a minimum of one months before the intended start of the work to every neighbouring party giving information of the work to be performed.
- Each neighbouring party needs to react in writing providing permission or registering dissent – if a neighbouring party does nothing within 14 days of receiving the notification, the effect is to put the notice into dispute. No formal contract is needed for a wall up to the boundary line, the neighbour simply requires not to object in writing.
- No work might start on a wall astride the border line till all neighbouring celebrations have concurred in writing to the notice (or a revised notice).
See 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 notice requires to be served a minimum of one month before the planned start day of the work. Neighbouring celebrations should provide written agreement within 2 week or a dispute is considered to have occurred.
See listed below regarding what occurs in the event of a dispute/objection.
If a disagreement develops, what happens.
If arrangement can not be reached between neighbouring parties, the procedure is as follows:.
- A Surveyor or Surveyors is/are appointed to determine a fair and impartial Award, either:.
- A single ‘Concurred Surveyor’ (someone appropriate to all parties).
- Each party appoints their own Surveyor to represent the individual 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 unnecessarily – in the viewpoint of the Property surveyor. Nevertheless it must be kept in mind that any Surveyor must act within their statutory responsibilities and propose a unbiased and reasonable Award.
- A single ‘Concurred Surveyor’ (someone appropriate to all parties).
- The Agreed Property surveyor, or the private Surveyors jointly, will produce an Award which should be reasonable and impartial to all parties.
- As soon as an Award has been made, all celebrations have 14 days to attract a County Court against the Award.
As soon as you have agreement.
All work must comply with the notification when you have arrangement. All the contracts should be maintained to make sure that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property might want to establish that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve just given a quick summary of the Party Wall Act here as it affects garden work but take a look at the Neighborhoods and Local Government website for a more comprehensive explanatory brochure consisting of example letters for responses and notifications.
- If a notification gets here suddenly, going over designated work with neighbours is complimentary and can avoid misconception which might emerge.
- Your regional Building Control Office may be able to give complimentary recommendations concerning the Party Wall Act and how it applies to specific circumstances.
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