Faulkners Surveyors (Party Wall) was established in 2010 and has actually grown rapidly over the past decade as a specialist company supplying dedicated and professional services. Our team are dedicated to providing a quality service for transparent and sensible costs.
Our aim is to make the procedure as smooth and simple as possible by taking all matters forward progressive and in line with the Act. We intend to keep all parties up to date with the procedure and offer assurance and convenience in the understanding that certified experts in Party Wall Matters have been appointed. The assurance that our property surveyors are members of the Professors of Party Wall Surveyors which the firm is an acknowledged RICS company supplies a network of security and benefiting elements of the support and backing of governing bodies.
The director of Faulkners Surveyors (Party Wall) is also a chair for the Northern House Counties location of the Professors of Faulkners Surveyors (Party Wall) whom provides routine meets to guarantee all local property surveyors have access to ongoing support and training. This guarantees that we depend on date with recent and relevant case Law along with general practices and working policies.
Faulkners Surveyors (Party Wall) is for that reason not just identified for its expert team and economical services by customers but likewise by and within the network of Party Wall Surveyors both locally and nationally.
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 impact garden building, nevertheless it does affect the building and construction of boundary walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and offers 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 affect any requirement for Planning Authorization for any work undertaken. Similarly, having Planning Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act enters effect if someone is preparing to do work on a relevant structure, for the functions of the Act ‘party wall’ does not just mean the wall between 2 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 however is not part of any structure.
- Excavation near 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 affecting neighbours, it is always much better to reach a friendly arrangement rather than turn to any law. Even where the work needs a notification to be served, it is better to informally discuss the designated work, consider the neighbours remarks, and change your plans (if suitable) prior to serving the notification.
What garden work requires a notification and approval.
The general principle 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 should be notified. If in doubt, advice needs to be sought from a local Structure Control Workplace or expert surveyor/architect.
Operate in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or demolish boundary wall.
- To increase the height or thickness of a party boundary 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 structures of the neighbouring building.
A notification should be provided to all impacted neighbouring celebrations if the planned work on a border wall falls under the Party Wall Act. The notification needs to consist of (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the residential or commercial property carrying out the work.
- The address of the home.
- A full description of the proposed work (this will usually be simply a single sentence detailing 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 notice is being served.
- If the work includes excavations, a drawing revealing the depth, position and so on
If the planned work is a brand-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 planning to carry out the work needs to serve a written notice at least one months prior to the intended start of the work to every neighbouring party providing details of the work to be carried out.
- Each neighbouring party should react in writing offering authorization or signing up dissent – if a neighbouring party does nothing within 2 week of getting the notice, the impact is to put the notice into conflict. Nevertheless no official contract is required for a wall approximately the limit line, the neighbour simply needs not to object in writing.
- No work might begin on a wall astride the limit line until all neighbouring celebrations have actually agreed in writing to the notice (or a modified notification).
See listed below concerning what occurs 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 prior to the prepared start day of the work. Neighbouring parties need to give written agreement within 14 days or a disagreement is considered to have taken place.
See listed below concerning what occurs in case of a dispute/objection.
What happens if a dispute arises.
If contract can not be reached between neighbouring celebrations, the procedure is as follows:.
- A Property surveyor or Surveyors is/are selected to figure out a fair and objective Award, either:.
- A single ‘Agreed Surveyor’ (somebody appropriate to all celebrations).
- Each party selects their own Surveyor to represent the private celebrations.
The person who is carrying out the work will usually need to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Property surveyor unnecessarily – in the opinion of the Surveyor. It ought to be kept in mind that any Surveyor should act within their statutory obligations and propose a fair and objective Award.
- A single ‘Agreed Surveyor’ (somebody appropriate to all celebrations).
- The Agreed Surveyor, or the individual Surveyors collectively, will produce an Award which must be reasonable and neutral to all parties.
- As soon as an Award has actually been made, all celebrations have 2 week to interest a County Court versus the Award.
When you have arrangement.
As soon as you have contract, all work needs to abide by the notification. All the arrangements ought to be kept to ensure that a record of the granted permission is kept; a subsequent purchaser of the property 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 provided a quick overview of the Party Wall Act here as it affects garden work however take a look at the Neighborhoods and Local Government website for a more extensive explanatory brochure consisting of example letters for notifications and actions.
- Discussing desired work with neighbours is complimentary and can avoid misconception which may arise if a notice arrives unexpectedly.
- Your regional Building Control Workplace might have the ability to provide free advice relating to the Party Wall Act and how it applies to particular scenarios.
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