We are Party Wall Surveyors specialising in party wall concerns in UK. We have over twenty 5 years experience of working in UK, acting for professionals, organizations, along with for people.
Each brief is distinct, and our devoted group of party wall property surveyors is experienced in dealing with all manner of problems relating to party walls. We are proud to offer a bespoke service to match the varying requirements of our clients.
This website is designed to supply standard information in addition to using you the opportunity to call us straight with your requirements and issues, therefore allowing our specialist Party Wall Surveyors to recommend you accordingly.
The existing legislation dealing with party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or structures (consisting of piled structures).
Our team of Faulkners Surveyors Party Wall Surveyors supplies an unique specific niche service, which enables you to have the very best quality service at competitively priced charges.
For more details contact among our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
The Party Wall Act 1996
as it effects the garden
At first sight, it is easy to think that the 1996 Party Wall Act does not affect garden construction, nevertheless it does affect the building and construction of limit 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 gives you rights and responsibilities 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 Authorization for any work carried out. Having Planning Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into impact if someone is preparing 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 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 residential or commercial properties however is not part of any building.
- Excavation close to a neighbouring property.
For details of how the Party Wall Act impacts building operate in general, have a look at this page.
As with all work impacting neighbours, it is always much better to reach a friendly agreement instead of turn to any law. Even where the work needs a notice to be served, it is better to informally talk about the desired work, think about the neighbours comments, and amend your strategies (if appropriate) prior to serving the notification.
What garden work needs a notice and approval.
The general principle of the Party Wall Act is that all work which may have an impact upon the structural strength or support function of the party wall or may trigger damage to the neighbouring side of the wall need to be informed. If in doubt, recommendations needs to be sought from a local Structure Control Office or professional surveyor/architect.
Operate 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 thickness of a party border wall.
- Excavations within 3 metres of a neighbouring structure 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 listed below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring structure.
A notice should be issued to all impacted neighbouring celebrations if the prepared work on a boundary wall falls under the Party Wall Act. The notice must 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 generally be simply a single sentence outlining 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 notification is being served.
- If the work includes excavations, a drawing revealing the depth, position and so on
If the prepared work is a new border wall up to or astride the border line the process of serving a notification under the Party Wall Act is as follows:.
- The individual planning to perform the work should serve a composed notice a minimum of one months before the desired start of the work to every neighbouring party providing information of the work to be performed.
- Each neighbouring party should respond in composing providing authorization or signing up dissent – if a neighbouring party not does anything within 2 week of receiving the notice, the impact is to put the notice into disagreement. No official agreement is needed for a wall up to the limit line, the neighbour just needs not to object in composing.
- No work may begin on a wall astride the boundary line until all neighbouring parties have actually concurred in writing to the notification (or a modified notification).
See 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 needs to be served at least one month prior to the planned start day of the work. Neighbouring parties must give written arrangement within 2 week or a conflict is deemed to have happened.
See listed below concerning what happens in case of a dispute/objection.
If a dispute arises, what occurs.
If arrangement can not be reached in between neighbouring celebrations, the process is as follows:.
- A Property surveyor or Surveyors is/are designated to figure out a fair and neutral Award, either:.
- A single ‘Concurred Property surveyor’ (somebody appropriate to all parties).
- Each party appoints their own Property surveyor to represent the individual celebrations.
The person who is carrying out the work will usually have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the viewpoint of the Surveyor. However it should be noted that any Surveyor should act within their statutory responsibilities and propose a reasonable and neutral Award.
- A single ‘Concurred Property surveyor’ (somebody appropriate to all parties).
- The Agreed Property surveyor, or the specific Surveyors collectively, will produce an Award which must be unbiased and fair to all celebrations.
- As soon as an Award has actually been made, all celebrations have 14 days to attract a County Court against the Award.
As soon as you have arrangement.
All work should comply with the notification once you have agreement. All the agreements ought to be kept to guarantee that a record of the granted permission is kept; a subsequent buyer of the property may wish to develop that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just provided a quick outline of the Party Wall Act here as it affects garden work however take a look at the Communities and City government website for a more thorough explanatory brochure including example letters for reactions and notifications.
- If a notice arrives suddenly, discussing intended work with neighbours is complimentary and can avoid misunderstanding which might arise.
- Your regional Building Control Office might be able to give totally free advice relating to the Party Wall Act and how it applies to specific scenarios.
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