What to do when your neighbour ignores the Party Wall Act – Faulkners Surveyors

The Faulkners Surveyors is a specialist Chartered Building Surveying Practice that operates throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall and so on. Act 1996 and supplies the following services:

• Objective guidance on all Party Wall Matters

• Pre-commencement appraisals

• Preparation and service of legitimate Party Wall Notices

• Acting as Party Wall Surveyor for either Adjacent Owners or Structure Owners

• Acting as the Agreed Party Wall Surveyor

• Undertaking Schedules of Condition studies

• Preparation and settlement of Party Wall Awards (Arrangements).

Party Wall (WikiPedia)

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 and construction, however it does impact the building of border walls even if not part of structures and can likewise applies to deep excavations.

The Party Wall Act 1996 entered force in 1997, so it is now law and provides you rights and obligations 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 border fences.

The Party Wall Act does not impact any requirement for Preparation Approval for any work undertaken. Having Preparation Approval does not negate the requirements under the Party Wall Act.

The Party Wall Act comes into result if someone is planning to do work on a pertinent structure, for the functions of the Act ‘party wall’ does not just suggest the wall between 2 semi-detached properties, as far as garden enthusiasts 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 homes however is not part of any structure.
• Excavation close to a neighbouring home.

For information of how the Party Wall Act impacts building operate in general, have a look at this page.

Just like all work impacting neighbours, it is always better to reach a friendly arrangement rather than turn to any law. Even where the work needs a notification to be served, it is better to informally talk about the desired work, think about the neighbours remarks, and amend your strategies (if proper) before serving the notice.

What garden work requires a notification and permission.

The basic principle 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 should be informed. If in doubt, guidance needs to be looked for from a regional Building Control Workplace or professional surveyor/architect.

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

• To demolish and/or rebuild/build a party border wall.
• To increase the height or density of a party border wall.
• Excavations within 3 metres of a neighbouring building 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 building.

Boundary walls

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

• The owners of the residential or commercial property carrying out the work.
• The address of the residential or commercial property.
• A complete description of the proposed work (this will normally be simply a single sentence detailing 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 notification is being served.
• If the work includes excavations, a drawing showing the depth, position and so on

If the planned work is a new boundary wall up to or astride the border line the process of serving a notice under the Party Wall Act is as follows:.

• The person meaning to carry out the work must serve a written notice a minimum of one months prior to the intended start of the work to every neighbouring party offering information of the work to be performed.
• Each neighbouring party should react in writing offering authorization or signing up dissent – if a neighbouring party does nothing within 14 days of receiving the notification, the impact is to put the notice into disagreement. No official agreement is needed for a wall up to the boundary line, the neighbour just requires not to object in composing.
• No work might commence on a wall astride the boundary line until all neighbouring celebrations have agreed in writing to the notice (or a modified notice).

See below regarding what occurs in case of a dispute/objection.

Excavations.

If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served a minimum of one month before the planned start day of the work. Neighbouring parties must offer written arrangement within 2 week or a disagreement is deemed to have taken place.

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

If a conflict arises, what happens.

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

• A Surveyor or Surveyors is/are designated to determine a unbiased and fair Award, either:.
  • A single ‘Concurred Property surveyor’ (somebody appropriate to all parties).
    or.
  • Each party designates their own Surveyor to represent the specific parties.
    The individual who is performing the work will generally have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the viewpoint of the Property surveyor. However it needs to be kept in mind that any Property surveyor should act within their statutory duties and propose a reasonable and objective Award.
• The Agreed Property surveyor, or the private Surveyors jointly, will produce an Award which must be reasonable and unbiased to all parties.
• When an Award has actually been made, all celebrations have 14 days to attract a County Court versus the Award.

Once you have agreement.

All work must comply with the notification once you have agreement. All the agreements need to be retained to guarantee that a record of the granted permission is kept; a subsequent buyer of the property might wish to establish that the work was carried out in accordance with the Party Wall Act requirements.

Remember:

• We’ve just provided a brief summary 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 detailed explanatory brochure including example letters for notifications and responses.
• Going over intended deal with neighbours is complimentary and can prevent misunderstanding which may arise if a notice shows up suddenly.
• Your local Structure Control Office may have the ability to give complimentary advice regarding the Party Wall Act and how it applies to specific circumstances.

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• Can My Neighbour Build On A Boundary Wall?
• Who Pays For A Party Wall Surveyor? – Faulkners Surveyors
• Can I use my Neighbours party wall? – 2020.
• Do you need preparing approval for a conservatory? – 2020.
• Who spends for a party wall surveyor? – 2020.
• Do you require preparing authorization for a conservatory? – Faulkners Surveyors.
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