Faulkners Surveyors As qualified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element necessary to encourage upon and resolve Party Wall problems, such as:
- Preparing and serving legitimate Party Wall Notices
- Acting as the Structure Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are specialists and work in accordance with the policies set down by the Professors of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to adhere to this legislation might result in works being illegal.
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.
The Party Wall Act 1996
as it impacts the garden
At first sight, it is easy to think that the 1996 Party Wall Act does not affect garden construction, however it does impact the construction of border walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 entered into force in 1997, so it is now law and provides you rights and duties 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 boundary fences.
The Party Wall Act does not impact any requirement for Preparation Permission for any work undertaken. Also, having Preparation Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into impact if someone is planning to do work on a pertinent structure, for the purposes of the Act ‘party wall’ does not simply imply the wall between two semi-detached residential or commercial 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 used to separate the homes but is not part of any structure.
- Excavation near to a neighbouring property.
For details of how the Party Wall Act affects structure operate in basic, take a look at this page.
Similar to all work impacting neighbours, it is always better to reach a friendly contract rather than turn to any law. Even where the work requires a notification to be served, it is better to informally discuss the intended work, think about the neighbours remarks, and modify your plans (if appropriate) before serving the notification.
What garden work needs a notification and approval.
The general concept of the Party Wall Act is that all work which may have an impact upon the structural strength or assistance function of the party wall or might cause damage to the neighbouring side of the wall must be informed. If in doubt, advice should be sought from a local Building Control Workplace or professional surveyor/architect.
Work in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or destroy boundary wall.
- To increase the height or density of a party boundary wall.
- Excavations within 3 metres of a neighbouring structure 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 structures of the neighbouring structure.
A notification must be released to all affected neighbouring parties if the prepared work on a boundary wall falls under the Party Wall Act. The notice should include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property undertaking the work.
- The address of the home.
- A full 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 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 and so on
If the planned work is a brand-new boundary wall as much as or astride the limit line the procedure of serving a notification under the Party Wall Act is as follows:.
- The individual planning to perform the work needs to serve a written notice a minimum of one months prior to the desired start of the work to every neighbouring party giving information of the work to be carried out.
- Each neighbouring party should react in writing providing permission or signing up dissent – if a neighbouring party does nothing within 2 week of getting the notification, the result is to put the notification into conflict. No official arrangement is needed for a wall up to the limit line, the neighbour simply requires not to object in writing.
- No work may start on a wall astride the limit line till all neighbouring parties have actually agreed in writing to the notification (or a modified notification).
See listed below concerning what occurs in case 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 at least one month prior to the prepared start day of the work. Neighbouring parties must provide written contract within 14 days or a disagreement is deemed to have actually taken place.
See below concerning what happens in the event of a dispute/objection.
If a dispute emerges, what takes place.
If contract can not be reached in between neighbouring parties, the procedure is as follows:.
- A Surveyor or Surveyors is/are designated to identify a impartial and reasonable Award, either:.
- A single ‘Concurred Surveyor’ (someone appropriate to all parties).
- Each party designates their own Property surveyor to represent the private celebrations.
The person who is carrying out the work will usually need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the viewpoint of the Surveyor. It must be kept in mind that any Property surveyor should act within their statutory duties and propose a impartial and reasonable Award.
- A single ‘Concurred Surveyor’ (someone appropriate to all parties).
- The Agreed Surveyor, or the individual Surveyors jointly, will produce an Award which must be fair and neutral to all parties.
- Once an Award has been made, all parties have 2 week to appeal to a County Court versus the Award.
As soon as you have agreement.
When you have arrangement, all work must abide by the notification. All the agreements ought to be maintained to guarantee 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.
Keep in mind:
- We’ve just given a short summary of the Party Wall Act here as it affects garden work but take a look at the Neighborhoods and City government website for a more comprehensive explanatory brochure consisting of example letters for reactions and notifications.
- Talking about intended work with neighbours is totally free and can avoid misunderstanding which may occur if a notification gets here suddenly.
- Your local Building Control Office may have the ability to provide complimentary suggestions concerning the Party Wall Act and how it applies to particular situations.
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