The Faulkners Surveyors is an expert Chartered Structure Surveying Practice that runs throughout UK. The Faulkners Surveyors undertakes all aspects of the Party Wall etc. Act 1996 and offers the following services:

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.

party wall

The Party Wall Act 1996

as it effects the garden

At first sight, it is easy to believe that the 1996 Party Wall Act does not impact garden building and construction, however it does impact the building and construction of boundary walls even if not part of buildings 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 deal with an appropriate structure or if your neighbour is.

The Party Wall Act does not apply to boundary fences.

The Party Wall Act does not impact any requirement for Planning Authorization for any work carried out. Similarly, having Planning Consent does not negate the requirements under the Party Wall Act.

The Party Wall Act enters effect if someone is preparing to do work on an appropriate structure, for the functions of the Act ‘party wall’ does not just imply the wall in between two semi-detached properties, as far as garden enthusiasts are worried it covers:

For information of how the Party Wall Act impacts structure operate in basic, take a look at this page.

Just like all work impacting neighbours, it is constantly better to reach a friendly agreement 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, consider the neighbours comments, and amend your plans (if proper) prior to serving the notification.

What garden work needs a notice and authorization.

The basic principle of the Party Wall Act is that all work which might have an effect 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. Guidance should be looked for from a local Structure Control Office or professional surveyor/architect if in doubt.

Work in the garden covered by the Party Wall Act include:

Boundary walls

A notification must be issued to all affected neighbouring parties if the prepared work on a limit wall falls under the Party Wall Act. The notification needs to consist of (see sample letters in Part 5 of the Party Wall brochure):.

If the prepared work is a brand-new border wall up to or astride the boundary line the procedure of serving a notification under the Party Wall Act is as follows:.

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 notice needs to be served at least one month before the planned start day of the work. Neighbouring parties need to provide written contract within 14 days or a dispute is considered to have actually taken place.

See below concerning what happens in case of a dispute/objection.

If a disagreement emerges, what happens.

If contract can not be reached between neighbouring parties, the procedure is as follows:.

As soon as you have agreement.

When you have arrangement, all work must abide by the notification. All the contracts must be retained to make sure that a record of the granted permission is kept; a subsequent buyer of the home might want to develop that the work was performed in accordance with the Party Wall Act requirements.

Remember:

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