- Preparing and serving legitimate Party Wall Notices
- Acting as the Building 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 professionals 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 might result in works being unlawful.
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 simple to think that the 1996 Party Wall Act does not affect garden construction, nevertheless it does affect the building of border walls even if not part of structures and can likewise applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and gives you rights and obligations 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 affect any requirement for Preparation Permission for any work carried out. Also, having Preparation Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters result if someone is planning to do work on a pertinent structure, for the purposes of the Act ‘party wall’ does not just indicate the wall between two semi-detached homes, as far as garden enthusiasts are worried 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 however is not part of any building.
- Excavation close to a neighbouring home.
For information of how the Party Wall Act affects structure work in general, take a look at this page.
Just like all work impacting neighbours, it is constantly much better to reach a friendly agreement instead of resort to any law. Even where the work needs a notice to be served, it is much better to informally go over the intended work, think about the neighbours comments, and modify your plans (if proper) before serving the notice.
What garden work needs a notice and approval.
The general concept 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 might cause damage to the neighbouring side of the wall should be alerted. If in doubt, recommendations ought to be looked for from a local Structure Control Office or professional surveyor/architect.
Work in the garden covered by the Party Wall Act include:
- To destroy and/or rebuild/build a party border wall.
- To increase the height or thickness of a party limit wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go below the bottom of the structures 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 foundations of the neighbouring building.
A notification must be issued to all impacted neighbouring parties if the planned work on a border 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 home carrying out the work.
- The address of the home.
- A complete description of the proposed work (this will normally be simply 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 planned work is a brand-new boundary 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 meaning to carry out 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 offering details of the work to be carried out.
- Each neighbouring party ought to respond in writing giving permission or registering dissent – if a neighbouring party does nothing within 2 week of receiving the notice, the result is to put the notification into disagreement. However no official agreement is needed for a wall up to the border line, the neighbour just needs not to object in composing.
- No work may begin on a wall astride the border line up until all neighbouring parties have actually agreed in writing to the notification (or a modified notification).
See below concerning what takes place 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 notice needs to be served at least one month before the planned start day of the work. Neighbouring celebrations must provide written contract within 2 week or a disagreement is deemed to have actually taken place.
See below concerning what occurs in case of a dispute/objection.
What happens if a disagreement arises.
If contract can not be reached between neighbouring celebrations, the process is as follows:.
- A Property surveyor or Surveyors is/are appointed to figure out a objective and reasonable Award, either:.
- A single ‘Concurred Surveyor’ (somebody acceptable to all celebrations).
- Each party selects their own Property surveyor to represent the specific parties.
The person who is carrying out the work will generally need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the viewpoint of the Surveyor. It needs to be kept in mind that any Surveyor must act within their statutory responsibilities and propose a reasonable and impartial Award.
- A single ‘Concurred Surveyor’ (somebody acceptable to all celebrations).
- The Agreed Surveyor, or the private Surveyors jointly, will produce an Award which needs to be neutral and fair to all celebrations.
- When an Award has been made, all parties have 2 week to appeal to a County Court against the Award.
As soon as you have contract.
Once you have contract, all work must comply with the notification. All the contracts must be maintained to ensure that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property may want to establish that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually only provided a quick outline of the Party Wall Act here as it affects garden work however have a look at the Neighborhoods and City government site for a more thorough explanatory pamphlet consisting of example letters for notices and reactions.
- Discussing designated deal with neighbours is complimentary and can avoid misconception which might develop if a notice arrives suddenly.
- Your local Structure Control Office may be able to provide free suggestions concerning the Party Wall Act and how it applies to specific circumstances.
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