We are Party Wall Surveyors specialising in party wall concerns in UK. We have more than twenty 5 years experience of working in UK, acting for professionals, organizations, along with for people.
Each brief is unique, and our dedicated group of party wall surveyors is experienced in dealing with all manner of concerns relating to party walls. We are proud to provide a bespoke service to match the varying requirements of our clients.
This site is created to offer fundamental information in addition to providing you the chance to contact us straight with your requirements and problems, thus allowing our specialist Party Wall Surveyors to advise you appropriately.
The existing legislation handling party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or foundations (including piled structures).
Our group of Faulkners Surveyors Party Wall Surveyors offers an unique specific niche service, which allows you to have the best quality service at competitively priced fees.
To learn more contact among our Faulkners Surveyors Party Wall property surveyors on 03300100262.
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 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 impact the construction of border walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 entered force in 1997, so it is now law and offers you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with an appropriate 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 Permission does not negate the requirements under the Party Wall Act.
The Party Wall Act enters result if somebody is planning to do work on an appropriate 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 limit line (or butts up against it) and is utilized to separate the properties however is not part of any building.
- Excavation close to a neighbouring property.
For details of how the Party Wall Act impacts structure work in general, have a look at this page.
As with all work impacting neighbours, it is always better to reach a friendly arrangement instead of resort to any law. Even where the work needs a notification to be served, it is much better to informally go over the desired work, think about the neighbours remarks, and modify your strategies (if suitable) before serving the notification.
What garden work needs a notice and authorization.
The general principle of the Party Wall Act is that all work which may have a result upon the structural strength or support function of the party wall or may cause damage to the neighbouring side of the wall must be notified. If in doubt, suggestions needs to be sought from a local Structure Control Office or expert 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 density of a party boundary 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 structures of the neighbouring building.
If the prepared deal with a boundary wall falls under the Party Wall Act, a notice should be issued to all impacted neighbouring parties. The notice must consist of (see sample letters in Part 5 of the Party Wall leaflet):.
- 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 describing 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 revealing the depth, position etc
If the prepared work is a new limit wall as much as or astride the limit line the process of serving a notice under the Party Wall Act is as follows:.
- The person meaning to carry out the work needs to serve a composed notification a minimum of one months prior to the desired start of the work to every neighbouring party providing information of the work to be performed.
- Each neighbouring party ought to react in composing providing authorization or signing up dissent – if a neighbouring party does nothing within 2 week of receiving the notification, the effect is to put the notice into conflict. Nevertheless no formal contract is needed for a wall approximately the border line, the neighbour just requires not to object in composing.
- No work might commence on a wall astride the limit line up until all neighbouring celebrations have actually concurred in writing to the notification (or a modified notice).
See listed below regarding what occurs in case 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 a minimum of one month prior to the prepared start day of the work. Neighbouring parties must provide written contract within 2 week or a conflict is considered to have actually taken place.
See below concerning what happens in case of a dispute/objection.
What happens if a conflict emerges.
If contract can not be reached in between neighbouring celebrations, the process is as follows:.
- A Property surveyor or Surveyors is/are appointed to determine a unbiased and fair Award, either:.
- A single ‘Concurred Surveyor’ (somebody appropriate to all parties).
- Each party appoints their own Surveyor to represent the private celebrations.
The person who is performing the work will generally need 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. It must be kept in mind that any Surveyor must act within their statutory duties and propose a reasonable and impartial Award.
- A single ‘Concurred Surveyor’ (somebody appropriate to all parties).
- The Agreed Property surveyor, or the specific Surveyors jointly, will produce an Award which must be unbiased and fair to all celebrations.
- Once an Award has been made, all parties have 14 days to attract a County Court against the Award.
When you have agreement.
Once you have arrangement, all work needs to comply with the notice. All the contracts must be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the home may wish to develop that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve only provided a brief outline of the Party Wall Act here as it affects garden work however have a look at the Communities and Local Government site for a more extensive explanatory pamphlet consisting of example letters for notifications and reactions.
- If a notice shows up all of a sudden, going over intended work with neighbours is complimentary and can avoid misunderstanding which might emerge.
- Your local Building Control Workplace may have the ability to give free recommendations regarding the Party Wall Act and how it applies to particular scenarios.
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