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Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall, also known as common wall or as a demising wall) is a dividing partition between two adjoining buildings that is shared by the occupants of each residence or business. Typically, the builder lays the wall along a property line dividing two terraced houses, so that one half of the wall’s thickness lies on each side. This type of wall is usually structural. Party walls can also be formed by two abutting walls built at different times. The term can be also used to describe a division between separate units within a multi-unit apartment complex. Very often the wall in this case is non-structural but designed to meet established criteria for sound and/or fire protection, i.e. a firewall.
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 impact the construction of border walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 entered force in 1997, so it is now law and provides you rights and duties 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 boundary fences.
The Party Wall Act does not affect any requirement for Planning Consent for any work undertaken. Likewise, having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into impact if somebody is planning to do work on a relevant structure, for the functions of the Act ‘party wall’ does not simply suggest the wall in between 2 semi-detached residential or commercial properties, 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 residential or commercial properties however is not part of any building.
- Excavation near to a neighbouring property.
For details of how the Party Wall Act affects structure operate in basic, take a look at this page.
Just like all work impacting neighbours, it is constantly better to reach a friendly contract rather than turn to any law. Even where the work needs a notification to be served, it is better to informally talk about the intended work, consider the neighbours comments, and amend your strategies (if proper) prior to serving the notice.
What garden work requires a notice and approval.
The general concept of the Party Wall Act is that all work which might have a result upon the structural strength or assistance function of the party wall or might cause damage to the neighbouring side of the wall must be alerted. Suggestions needs to be sought from a regional Structure Control Office or professional surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or demolish border wall.
- To increase the height or density of a party border wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go below the bottom of the foundations of the neighbouring structure.
- Excavations within 6 metres of a neighbouring structure where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring structure.
Boundary walls
A notification must be issued to all impacted neighbouring celebrations if the prepared work on a limit wall falls under the Party Wall Act. The notification needs to include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property carrying out the work.
- The address of the property.
- A full description of the proposed work (this will generally be just a single sentence describing 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 showing the depth, position etc
If the planned work is a new boundary wall up to or astride the limit line the process of serving a notification under the Party Wall Act is as follows:.
- The person intending to carry out the work must serve a written notice at least one months prior to the intended start of the work to every neighbouring party offering details of the work to be carried out.
- Each neighbouring party ought to respond in writing providing permission or signing up dissent – if a neighbouring party does nothing within 14 days of receiving the notice, the impact is to put the notice into disagreement. Nevertheless no official agreement is needed for a wall up to the border line, the neighbour just requires not to object in writing.
- No work may commence on a wall astride the limit line till all neighbouring parties have concurred in writing to the notification (or a modified notification).
See below regarding what happens in case of a dispute/objection.
Excavations.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notification requires to be served at least one month before the prepared start day of the work. Neighbouring celebrations must offer written arrangement within 2 week or a disagreement is deemed to have actually occurred.
See below regarding what happens in case of a dispute/objection.
If a disagreement arises, what happens.
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 impartial and reasonable Award, either:.
- A single ‘Agreed Surveyor’ (someone appropriate to all celebrations).
or. - Each party selects their own Surveyor to represent the private parties.
The individual who is carrying out the work will typically need to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the opinion of the Surveyor. It needs to be kept in mind that any Property surveyor needs to act within their statutory obligations and propose a objective and reasonable Award.
- A single ‘Agreed Surveyor’ (someone appropriate to all celebrations).
- The Agreed Property surveyor, or the individual Surveyors jointly, will produce an Award which should be reasonable and neutral to all celebrations.
- Once an Award has actually been made, all parties have 2 week to attract a County Court against the Award.
When you have agreement.
All work needs to comply with the notice as soon as you have arrangement. All the agreements must be retained to ensure that a record of the granted permission is kept; a subsequent buyer of the home might wish to establish that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just given a short overview of the Party Wall Act here as it affects garden work however have a look at the Communities and City government site for a more thorough explanatory brochure consisting of example letters for notifications and reactions.
- Talking about intended work with neighbours is complimentary and can avoid misunderstanding which may develop if a notification shows up unexpectedly.
- Your local Structure Control Office might be able to offer free recommendations relating to the Party Wall Act and how it applies to particular circumstances.
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