We are Party Wall Surveyors specialising in party wall issues in UK. We have more than twenty five years experience of working in UK, acting for experts, businesses, in addition to for individuals.
Each quick is special, and our dedicated team of party wall property surveyors is experienced in handling all manner of concerns associating with party walls. We are proud to offer a bespoke service to match the varying needs of our customers.
This site is created to offer fundamental details along with using you the chance to contact us directly with your issues and requirements, thus allowing our expert Party Wall Surveyors to advise you appropriately.
The current legislation dealing with 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, nearby excavations and/or structures (including stacked structures).
Our team of Faulkners Surveyors Party Wall Surveyors offers a special 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 property surveyors on 03300100262.
Party Wall (WikiPedia)
How The Party Wall etc.
In simplistic terms, the Party Wall and so on. If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, pose no hazard of damage to their residential or commercial property, the Adjoining Owners just need to verify, in composing, that they consent to the works and the Party Wall etc. The second stage would just be set off if the Adjacent Owners had any concerns relating to the Structure Owners’ propositions or picked to disregard the Notification served by the Structure Owners.
A conflict would then be deemed to have developed and, the structure offered by the Party Wall and so on. Act 1996 enables a resolution so that the Structure Owners could carry out works whilst supplying defense to both celebrations. At the point of a “conflict” having arisen, both the Structure Owners and the Adjacent Owners need to designate a Party Wall Surveyor to proceed with solving the dispute. This could be by means of separate property surveyor appointments or, by agreeing to a single property surveyor, called the Agreed Property surveyor.
Prior to any disagreement developing, Building Owners and Adjacent Owners do not always need the services of a Party Wall Surveyor. The Party Wall Company are frequently commissioned to provide advice on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid.
What is a Party Wall Notification?
Building Owners planning to carry out any of the works specified within the Party Wall and so on. Act 1996 have a legal responsibility to serve written Notification on any Adjoining Owner who may be impacted by the Structure Owners proposed works.
The case of Lehmann vs Herman (1993) reveals the significance of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent residential or commercial properties. Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman only served the Notification in his name, Mr and Mrs Lehmann declined to accept the Notification as being legitimate and argued that as both Mr and Mrs Herman would be concerned as Structure Owners under the Act, Mrs Herman ought to also be consisted of on the Notice. The disagreement wound up in court and the judge agreed with the Lehmanns that the Notice was void.
What is a Party Wall Award?
A Party Wall Award is a legally binding document between Structure Owners and Adjoining Owners, which has been concurred by the designated property surveyor( s), authorising the execution of building work in accordance with the Act. A Schedule of Condition survey of the Adjoining Owners property, although not a particular requirement of the Party Wall etc. Act 1996, is traditional and forms a referral document within the Award.
I Currently Have Preparation Approval And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?
If your planned works would be deemed notifiable under the Party Wall Act then yes, you would have to follow the procedures set out within the Act. No Regional Authority consent or approval would eliminate the legal responsibility to serve a Party Wall Notification upon your neighbour( s).
Does The Party Wall Act Cover Garden Fences?
The Act does cover “Party Fence Walls” which are considered to be a wall of solid structure that sits astride a border and not being part of a structure. Any works to such walls that would be considered notifiable under the Party Wall Act would also use to Party Fence Walls. Wood fencing, precast concrete posts with infill panel fencing, etc would not be considered to be a Party Fence Wall, whether astride a border or not.
If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, present no danger of damage to their home, the Adjoining Owners just need to verify, in composing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having actually occurred, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to continue with fixing the dispute. The Party Wall Company are frequently commissioned to supply guidance on the Act and to serve the pertinent Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a lawfully binding file between Structure Owners and Adjacent Owners, which has actually been agreed by the designated surveyor( s), authorising the execution of building work in accordance with the Act. Any works to such walls that would be considered notifiable under the Party Wall Act would likewise use to Party Fence Walls.
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