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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.

party wall

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 construction, nevertheless it does impact the building 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 offers you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on 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 Approval for any work carried out. Having Planning Approval does not negate the requirements under the Party Wall Act.

The Party Wall Act enters result if someone is planning to do work on a relevant structure, for the purposes of the Act ‘party wall’ does not simply suggest the wall in between two semi-detached homes, as far as gardeners are worried it covers:

For details of how the Party Wall Act impacts building work in basic, have a look at this page.

Similar to all work impacting neighbours, it is always much better to reach a friendly agreement instead of resort to any law. Even where the work requires a notification to be served, it is better to informally discuss the intended work, consider the neighbours comments, and change your plans (if appropriate) before serving the notice.

What garden work requires a notice and approval.

The general principle of the Party Wall Act is that all work which might have an effect 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 should be looked for from a local Building Control Workplace or professional surveyor/architect.

Work in the garden covered by the Party Wall Act consist of:

Boundary walls

If the planned deal with a boundary wall falls under the Party Wall Act, a notice needs to be released to all affected neighbouring parties. The notice must include (see sample letters in Part 5 of the Party Wall brochure):.

If the prepared work is a new boundary wall as much as or astride the limit line the procedure of serving a notice under the Party Wall Act is as follows:.

See below concerning what happens 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 requires to be served a minimum of one month prior to the planned start day of the work. Neighbouring parties need to provide written contract within 2 week or a disagreement is deemed to have actually occurred.

See listed below concerning what happens in the event of a dispute/objection.

What happens if a dispute arises.

If contract can not be reached in between neighbouring celebrations, the process is as follows:.

When you have agreement.

All work needs to comply with the notice once you have arrangement. All the contracts should be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the property might want to establish that the work was performed in accordance with the Party Wall Act requirements.

Keep in mind:

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