Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element essential to encourage upon and fix Party Wall issues, such as:
- Preparing and serving valid 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 Property Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and negotiation of Party Wall Awards
All our Party Wall Surveyors are specialists and work in accordance with the guidelines set down by the Faculty of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to abide by this legislation may lead to works being unlawful.
Party Wall (WikiPedia)
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, however it does affect the construction of boundary 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 gives 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 limit fences.
The Party Wall Act does not impact any requirement for Planning Approval for any work undertaken. Having Preparation Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into effect if someone is planning to do deal with an appropriate structure, for the functions of the Act ‘party wall’ does not simply indicate the wall in between 2 semi-detached residential or commercial properties, as far as gardeners are concerned it covers:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is utilized to separate the homes 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.
Just like all work affecting neighbours, it is constantly better to reach a friendly arrangement instead of turn to any law. Even where the work needs a notice to be served, it is better to informally go over the designated work, think about the neighbours comments, and modify your plans (if appropriate) before serving the notice.
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 may trigger damage to the neighbouring side of the wall need to be informed. Guidance must be looked for from a regional Structure Control Workplace or expert surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act include:
- To rebuild/build a party and/or demolish border wall.
- To increase the height or thickness of a party border wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go listed below the bottom of the foundations of the neighbouring structure.
- Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring building.
Boundary walls
If the prepared work on a border wall falls under the Party Wall Act, a notification should be issued to all affected neighbouring celebrations. The notification needs to consist of (see sample letters in Part 5 of the Party Wall brochure):.
- 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 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 revealing the depth, position and so on
If the planned work is a new limit wall up to or astride the limit line the procedure of serving a notification under the Party Wall Act is as follows:.
- The individual meaning to perform the work should serve a composed notification at least one months prior to the desired start of the work to every neighbouring party giving details of the work to be performed.
- Each neighbouring party should react in composing giving consent or signing up dissent – if a neighbouring party does nothing within 14 days of getting the notification, the impact is to put the notification into disagreement. Nevertheless no formal agreement is required for a wall as much as the boundary line, the neighbour just needs not to object in writing.
- No work might begin on a wall astride the boundary line till all neighbouring celebrations have concurred in writing to the notice (or a revised notification).
See below concerning what happens 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 notification needs to be served a minimum of one month before the prepared start day of the work. Neighbouring celebrations should provide written arrangement within 14 days or a dispute is considered to have actually taken place.
See below concerning what occurs in the event of a dispute/objection.
What happens if a conflict arises.
If contract can not be reached between neighbouring parties, the process is as follows:.
- A Property surveyor or Surveyors is/are appointed to identify a fair and unbiased Award, either:.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all celebrations).
or. - Each party designates their own Property surveyor to represent the specific celebrations.
The individual who is performing the work will typically need to pay all the expenses 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 noted that any Surveyor needs to act within their statutory obligations and propose a reasonable and impartial Award.
- A single ‘Agreed Property surveyor’ (somebody acceptable to all celebrations).
- The Agreed Property surveyor, or the specific Surveyors jointly, will produce an Award which should be reasonable and impartial to all celebrations.
- As soon as an Award has been made, all parties have 2 week to appeal to a County Court against the Award.
Once you have arrangement.
Once you have agreement, all work should comply with the notification. All the contracts ought to be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the home may wish to establish that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually only offered a short overview of the Party Wall Act here as it impacts garden work but take a look at the Neighborhoods and Local Government site for a more thorough explanatory pamphlet consisting of example letters for notifications and reactions.
- If a notice arrives all of a sudden, talking about intended work with neighbours is totally free and can avoid misconception which may emerge.
- Your local Structure Control Workplace may have the ability to give complimentary recommendations regarding the Party Wall Act and how it applies to specific situations.
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