- Preparing and serving valid Party Wall Notices
- Acting as the Building Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Surveyor
- Acting as the Agreed Party Wall Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and negotiation of Party Wall Awards
All our Party Wall Surveyors are specialists and operate in accordance with the policies set down by the Professors of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to comply with this legislation might result in works being illegal.
Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall surface, likewise called typical wall or as a demising wall surface) is a dividing dividers in between two adjacent structures that is shared by the passengers of each house or service. Typically, the builder lays the wall along a residential or commercial property line dividing 2 terraced residences, to make sure that one half of the wall’s density pushes each side. This sort of wall is normally structural. Event walls can likewise be created by 2 abutting wall surfaces developed at various times. The term can be also used to explain a division between different units within a multi-unit apartment building. Very commonly the wall surface in this instance is non-structural but developed to meet recognized requirements for audio and/or fire security, i.e. a firewall software.
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 impact garden building and construction, however it does affect the construction of limit 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 border fences.
The Party Wall Act does not affect any requirement for Planning Consent for any work undertaken. Similarly, having Planning Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if somebody is preparing to do work on a relevant structure, for the purposes of the Act ‘party wall’ does not simply mean the wall between two semi-detached residential or commercial properties, as far as garden enthusiasts are worried it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is utilized to separate the homes however is not part of any building.
- Excavation close to a neighbouring residential or commercial property.
For information of how the Party Wall Act affects structure work in basic, take a look at this page.
Just like all work affecting neighbours, it is constantly much better to reach a friendly contract instead of turn to any law. Even where the work requires a notice to be served, it is better to informally talk about the desired work, think about the neighbours comments, and change your plans (if proper) prior to serving the notice.
What garden work requires a notification and permission.
The basic principle of the Party Wall Act is that all work which may have a result upon the structural strength or assistance function of the party wall or may trigger damage to the neighbouring side of the wall need to be alerted. Suggestions needs to be sought from a local Structure Control Office or expert surveyor/architect if in doubt.
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 density of a party limit wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the foundations of the neighbouring building.
- Excavations within 6 metres of a neighbouring building where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring structure.
If the prepared work on a boundary wall falls under the Party Wall Act, a notice should be provided to all impacted neighbouring celebrations. The notification must consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property undertaking the work.
- The address of the residential or commercial property.
- A full description of the proposed work (this will usually be just 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 includes excavations, a drawing showing the depth, position and so on
If the prepared work is a new border 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 carry out the work should serve a written notice at least one months before the designated start of the work to every neighbouring party providing details of the work to be performed.
- Each neighbouring party ought to react in writing giving permission or registering dissent – if a neighbouring party not does anything within 14 days of receiving the notification, the effect is to put the notification into dispute. No formal agreement is required for a wall up to the border line, the neighbour simply needs not to object in composing.
- No work might begin on a wall astride the boundary line up until all neighbouring parties have concurred in writing to the notice (or a modified notification).
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 notification requires to be served at least one month before the planned start day of the work. Neighbouring parties should provide written agreement within 2 week or a disagreement is considered to have actually happened.
See below concerning what takes place in case of a dispute/objection.
If a disagreement occurs, what happens.
If contract can not be reached between neighbouring parties, the process is as follows:.
- A Surveyor or Surveyors is/are selected to identify a fair and unbiased Award, either:.
- A single ‘Agreed Surveyor’ (someone appropriate to all parties).
- Each party appoints their own Surveyor to represent the private celebrations.
The person who is performing the work will normally need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the opinion of the Surveyor. Nevertheless it must be kept in mind that any Surveyor must act within their statutory duties and propose a neutral and reasonable Award.
- A single ‘Agreed Surveyor’ (someone appropriate to all parties).
- The Agreed Surveyor, or the specific Surveyors jointly, will produce an Award which must be reasonable and objective to all celebrations.
- As soon as an Award has been made, all parties have 2 week to attract a County Court against the Award.
As soon as you have agreement.
As soon as you have arrangement, all work must abide by the notification. All the contracts must be maintained to guarantee that a record of the granted permission is kept; a subsequent purchaser of the property might wish to establish that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve just provided a quick summary of the Party Wall Act here as it affects garden work however have a look at the Neighborhoods and City government website for a more thorough explanatory booklet consisting of example letters for reactions and notifications.
- Going over desired work with neighbours is free and can prevent misconception which may occur if a notification shows up suddenly.
- Your regional Structure Control Office might have the ability to offer totally free advice relating to the Party Wall Act and how it applies to particular scenarios.
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