We are fully qualified professional Party Wall Surveyors with years of experience producing Schedule of Condition reports and lawfully serving Party Wall Agreements and Notices.
With workplaces in Central, South and North London it makes us completely put to serve Greater London and the surrounding counties.
Whether you’re a Building Owner preparing a brand-new project or a neighbour who has actually been served a Party Wall Notice our knowledge and experience guarantees we are always best prepared to help with your Party Wall requirements.
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Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall, additionally referred to as typical wall surface or as a demising wall surface) is a dividing partition in between two adjacent buildings that is shared by the passengers of each house or business. Normally, the home builder lays the wall along a property line dividing two terraced residences, to make sure that one fifty percent of the wall’s thickness pushes each side. This kind of wall surface is normally structural. Party walls can likewise be developed by two abutting walls constructed at different times. The term can be additionally utilized to define a department in between separate units within a multi-unit apartment complicated. Really usually the wall in this instance is non-structural yet developed to fulfill established requirements for noise and/or fire defense, i.e. a firewall.
The Party Wall Act 1996
as it effects the garden
At first sight, it is simple to think that the 1996 Party Wall Act does not affect garden construction, however it does affect the building and construction of boundary walls even if not part of buildings and can likewise applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and provides you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on a pertinent 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. Also, having Planning Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into impact if somebody is preparing to do deal with a relevant structure, for the functions of the Act ‘party wall’ does not just suggest the wall between 2 semi-detached homes, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is utilized to separate the properties but is not part of any structure.
- Excavation close to a neighbouring property.
For details of how the Party Wall Act affects structure operate in basic, take a look at this page.
As with all work impacting neighbours, it is always better to reach a friendly agreement rather than resort to any law. Even where the work needs a notification to be served, it is better to informally discuss the intended work, think about the neighbours comments, and amend your plans (if suitable) before serving the notice.
What garden work needs a notice and consent.
The basic principle of the Party Wall Act is that all work which may 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 must be alerted. Recommendations must be sought from a regional Structure Control Workplace or professional surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act include:
- To demolish and/or rebuild/build a party boundary wall.
- To increase the height or density of a party boundary wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go listed below the bottom of the foundations of the neighbouring building.
- 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 foundations of the neighbouring building.
A notice should be issued to all impacted neighbouring parties if the planned work on a boundary wall falls under the Party Wall Act. The notification should consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the residential or commercial property carrying out the work.
- The address of the home.
- A complete description of the proposed work (this will normally be just a single sentence describing the work).
- The proposed start date for the work.
- A clear statement 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 revealing the depth, position etc
If the planned work is a brand-new boundary wall as much as or astride the border line the process of serving a notification under the Party Wall Act is as follows:.
- The person intending to perform the work should serve a composed notice at least one months before the desired start of the work to every neighbouring party providing details of the work to be carried out.
- Each neighbouring party should respond in writing offering permission or registering dissent – if a neighbouring party not does anything within 2 week of receiving the notice, the result is to put the notification into dispute. However no formal arrangement is required for a wall approximately the boundary line, the neighbour simply needs not to object in writing.
- No work may start on a wall astride the border line till all neighbouring parties have actually agreed in writing to the notification (or a modified notification).
See listed below regarding what happens in the event of a dispute/objection.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notice requires to be served at least one month before the planned start day of the work. Neighbouring celebrations need to provide written arrangement within 2 week or a dispute is deemed to have actually occurred.
See below regarding what occurs in the event of a dispute/objection.
If a dispute arises, what happens.
If contract can not be reached between neighbouring parties, the procedure is as follows:.
- A Property surveyor or Surveyors is/are appointed to determine a impartial and fair Award, either:.
- A single ‘Agreed Property surveyor’ (someone appropriate to all celebrations).
- Each party selects their own Property surveyor to represent the individual 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 Surveyor unnecessarily – in the viewpoint of the Property surveyor. It ought to be kept in mind that any Property surveyor must act within their statutory responsibilities and propose a fair and objective Award.
- A single ‘Agreed Property surveyor’ (someone appropriate to all celebrations).
- The Agreed Property surveyor, or the specific Surveyors jointly, will produce an Award which should be impartial and reasonable to all celebrations.
- When an Award has actually been made, all celebrations have 2 week to attract a County Court against the Award.
As soon as you have contract.
All work should comply with the notification once you have contract. All the contracts should be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property might want to establish that the work was carried out in accordance with the Party Wall Act requirements.
- We’ve only given a brief overview of the Party Wall Act here as it affects garden work but take a look at the Neighborhoods and Local Government site for a more comprehensive explanatory pamphlet consisting of example letters for reactions and notifications.
- If a notice arrives unexpectedly, discussing intended work with neighbours is complimentary and can avoid misconception which might arise.
- Your local Structure Control Office might have the ability to provide complimentary recommendations relating to the Party Wall Act and how it applies to particular scenarios.
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