We are Party Wall Surveyors specialising in party wall concerns in UK. We have over twenty five years experience of working in UK, acting for experts, organizations, in addition to for people.
Each brief is distinct, and our dedicated group of party wall property surveyors is experienced in dealing with all manner of concerns connecting to party walls. We are proud to offer a bespoke service to match the differing needs of our clients.
This site is developed to supply standard details in addition to providing you the chance to call us directly with your requirements and issues, thus enabling our professional Party Wall Surveyors to advise you appropriately.
The current legislation handling party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or foundations (consisting of stacked structures).
Our team of Faulkners Surveyors Party Wall Surveyors supplies a distinct niche service, which allows you to have the very best quality service at competitively priced costs.
For additional information contact among our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall, also known as usual wall surface or as a demising wall surface) is a splitting partition in between 2 adjoining buildings that is shared by the occupants of each residence or service. Normally, the building contractor lays the wall surface along a building line splitting two terraced houses, so that one half of the wall’s thickness exists on each side. This kind of wall surface is normally architectural. Party wall surfaces can additionally be developed by two abutting wall surfaces built at different times. The term can be also made use of to define a department between different units within a multi-unit apartment building. Very commonly the wall in this instance is non-structural but developed to fulfill well established requirements for audio and/or fire defense, i.e. a firewall.
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, nevertheless it does impact the building and construction of border walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and offers you rights and obligations whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with 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 Preparation Approval for any work carried out. Similarly, having Planning Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters impact if someone is preparing to do deal with a relevant structure, for the purposes of the Act ‘party wall’ does not just mean the wall between 2 semi-detached homes, as far as gardeners are concerned 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 residential or commercial property.
For information of how the Party Wall Act impacts structure operate in general, have a look at this page.
Similar to all work affecting neighbours, it is constantly better to reach a friendly agreement rather than resort to any law. Even where the work requires a notification to be served, it is better to informally discuss the desired work, consider the neighbours remarks, and modify your plans (if proper) prior to serving the notification.
What garden work requires a notification and approval.
The basic concept of the Party Wall Act is that all work which might have a result upon the structural strength or support function of the party wall or may cause damage to the neighbouring side of the wall need to be alerted. If in doubt, suggestions ought to be looked for from a local Structure Control Workplace or expert surveyor/architect.
Work in the garden covered by the Party Wall Act include:
- To destroy and/or rebuild/build a party boundary wall.
- To increase the height or thickness of a party boundary 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 listed below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring building.
If the planned deal with a border wall falls under the Party Wall Act, a notice must be issued to all affected neighbouring celebrations. The notification must include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the home carrying out the work.
- The address of the home.
- A complete description of the proposed work (this will usually be simply a single sentence laying out the work).
- The proposed start date for the work.
- A clear declaration that the notification is being served under The Party Wall etc Act 1996.
- The date the notice is being served.
- If the work involves excavations, a drawing showing the depth, position etc
If the prepared work is a brand-new boundary wall as much as or astride the boundary line the process of serving a notification under the Party Wall Act is as follows:.
- The individual planning to perform the work should serve a composed notification at least one months before the intended start of the work to every neighbouring party offering information of the work to be carried out.
- Each neighbouring party ought to react in writing providing authorization or signing up dissent – if a neighbouring party not does anything within 2 week of getting the notification, the result is to put the notice into dispute. No formal contract is needed for a wall up to the boundary line, the neighbour simply needs not to object in writing.
- No work might start on a wall astride the boundary line till all neighbouring parties have agreed in writing to the notice (or a modified notice).
See below regarding what occurs in the event 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 before the planned start day of the work. Neighbouring celebrations must provide written arrangement within 2 week or a conflict is deemed to have actually taken place.
See listed below concerning what takes place in the event of a dispute/objection.
What occurs if a dispute emerges.
If agreement can not be reached in between neighbouring parties, the process is as follows:.
- A Surveyor or Surveyors is/are designated to figure out a neutral and reasonable Award, either:.
- A single ‘Concurred Property surveyor’ (someone acceptable to all celebrations).
- Each party selects their own Property surveyor to represent the specific celebrations.
The individual who is carrying out the work will normally need 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 Surveyor. It needs to be noted that any Property surveyor needs to act within their statutory obligations and propose a reasonable and objective Award.
- A single ‘Concurred Property surveyor’ (someone acceptable to all celebrations).
- The Agreed Surveyor, or the private Surveyors collectively, will produce an Award which needs to be neutral and reasonable to all parties.
- When an Award has actually been made, all parties have 14 days to attract a County Court against the Award.
Once you have contract.
All work needs to comply with the notice once you have contract. All the agreements must be kept to ensure that a record of the granted permission is kept; a subsequent buyer of the residential or commercial property might wish to establish that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just provided a short outline of the Party Wall Act here as it impacts garden work but have a look at the Neighborhoods and City government website for a more thorough explanatory booklet including example letters for reactions and notices.
- If a notice arrives unexpectedly, discussing intended work with neighbours is free and can avoid misunderstanding which might arise.
- Your regional Building Control Office might have the ability to offer totally free advice relating to the Party Wall Act and how it applies to specific circumstances.
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