We pride ourselves on our versatility and individual participation towards our clients requirements. Faulkners Surveyors are an expanding team of property surveyors with a wealth of skill, experience and expertise. If you are trying to find an expert yet flexible method to all your home matters then call Faulkners Surveyors for an useful chat.
Our surveyors are managed by the Professors of Party Wall Surveyors and carry professional indemnity insurance to cover their work.
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 believe that the 1996 Party Wall Act does not impact garden building and construction, however it does affect the building and construction of limit walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 entered into force in 1997, so it is now law and provides you rights and duties whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with a relevant structure or if your neighbour is.
The Party Wall Act does not apply to boundary fences.
The Party Wall Act does not impact any requirement for Preparation Authorization for any work undertaken. Having Planning Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act enters into result if somebody is planning to do deal with an appropriate structure, for the purposes of the Act ‘party wall’ does not just mean the wall in between 2 semi-detached properties, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is utilized to separate the residential or commercial properties but is not part of any building.
- Excavation close to a neighbouring home.
For information of how the Party Wall Act affects structure operate in general, have a look at this page.
As with all work affecting neighbours, it is constantly much better to reach a friendly agreement rather than turn to any law. Even where the work needs a notice to be served, it is better to informally talk about the intended work, think about the neighbours remarks, and amend your plans (if proper) before serving the notice.
What garden work needs a notification and authorization.
The general concept of the Party Wall Act is that all work which might have an effect upon the structural strength or assistance function of the party wall or might cause damage to the neighbouring side of the wall need to be alerted. If in doubt, advice must be sought from a local Structure Control Workplace or expert surveyor/architect.
Operate in the garden covered by the Party Wall Act include:
- To demolish and/or rebuild/build a party limit 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 listed below the bottom of the structures of the neighbouring building.
- Excavations within 6 metres of a neighbouring building where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring building.
A notification needs to be released to all impacted neighbouring parties if the planned work on a limit 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 home carrying out the work.
- The address of the residential or commercial property.
- A complete description of the proposed work (this will usually be just a single sentence detailing 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 notification is being served.
- If the work involves excavations, a drawing showing the depth, position etc
If the planned work is a new border wall approximately 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 should serve a composed notification at least one months before the desired start of the work to every neighbouring party providing information of the work to be carried out.
- Each neighbouring party ought to respond in composing offering permission or signing up dissent – if a neighbouring party does nothing within 2 week of getting the notice, the impact is to put the notification into dispute. No official agreement is needed for a wall up to the boundary line, the neighbour simply requires not to object in composing.
- No work may begin on a wall astride the boundary line up until all neighbouring parties have agreed in writing to the notice (or a modified notification).
See listed 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 notification needs to be served a minimum of one month before the planned start day of the work. Neighbouring parties must provide written arrangement within 2 week or a conflict is deemed to have occurred.
See listed below concerning what happens in the event of a dispute/objection.
What happens if a dispute emerges.
If arrangement can not be reached in between neighbouring celebrations, the process is as follows:.
- A Surveyor or Surveyors is/are appointed to identify a impartial and fair Award, either:.
- A single ‘Agreed Surveyor’ (somebody appropriate to all parties).
- Each party designates their own Surveyor to represent the specific celebrations.
The individual who is performing the work will normally 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. It must be noted that any Surveyor must act within their statutory duties and propose a impartial and reasonable Award.
- A single ‘Agreed Surveyor’ (somebody appropriate to all parties).
- The Agreed Surveyor, or the individual Surveyors jointly, will produce an Award which needs to be fair and impartial to all parties.
- Once an Award has been made, all celebrations have 2 week to attract a County Court against the Award.
When you have agreement.
As soon as you have arrangement, all work must comply with the notification. All the agreements must be maintained to ensure that a record of the granted permission is kept; a subsequent buyer of the home may wish to establish that the work was carried out in accordance with the Party Wall Act requirements.
- We have actually only given a brief summary of the Party Wall Act here as it affects garden work but have a look at the Neighborhoods and Local Government site for a more comprehensive explanatory booklet consisting of example letters for notifications and actions.
- Discussing intended work with neighbours is totally free and can prevent misconception which might develop if a notice arrives all of a sudden.
- Your local Building Control Workplace may be able to provide free advice concerning the Party Wall Act and how it applies to specific circumstances.
Around the Web