Faulkners Surveyors is an independent firm of building property surveyors that specialise in the
Party Wall and so on. Act 1996 acting for Structure Owners, Adjacent Owners and as the Agreed Property Surveyor throughout London and the Home Counties.
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.
How The Party Wall and so on.
Act 1996 Works In simple terms, the Party Wall and so on. Act 1996 can be divided into two stages; firstly the Notifying Phase and second of all, if needed, the Disputed Phase. The first stage is where the Structure Owners have a legal responsibility to serve an official Notice detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, pose no threat of damage to their property, the Adjoining Owners only need to validate, in writing, that they grant the works and the Party Wall and so on. Act 1996 could end there. The second stage would just be set off if the Adjoining Owners had any concerns relating to the Building Owners’ proposals or picked to overlook the Notification served by the Building Owners.
A disagreement would then be considered to have actually developed and, the structure supplied by the Party Wall and so on. Act 1996 makes it possible for a resolution so that the Building Owners might carry out works whilst providing protection to both celebrations. At the point of a “dispute” having actually arisen, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to proceed with resolving the disagreement. This could be by means of separate property surveyor visits or, by agreeing to a single surveyor, called the Agreed Property surveyor.
Prior to any conflict emerging, Structure Owners and Adjacent Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Company are frequently commissioned to provide advice on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally valid.
What is a Party Wall Notification?
Structure Owners planning to carry out any of the works specified within the Party Wall and so on. Act 1996 have a legal obligation to serve written Notification on any Adjacent Owner who may be affected by the Structure Owners proposed works.
The case of Lehmann vs Herman (1993) shows the significance of serving a valid Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent properties. Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. However, as Mr Herman only served the Notification in his name, Mr and Mrs Lehmann contradicted the Notice as standing and argued that as both Mr and Mrs Herman would be considered Building Owners under the Act, Mrs Herman ought to likewise be included on the Notice. The conflict 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 in between Building Owners and Adjoining Owners, which has actually been agreed by the appointed surveyor( s), authorising the execution of building work in accordance with the Act. A Set up of Condition survey of the Adjoining Owners property, although not a specific requirement of the Party Wall and so on. Act 1996, is traditional and forms a referral document within the Award.
I Currently Have Planning Authorization And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
If your prepared works would be considered notifiable under the Party Wall Act then yes, you would have to follow the procedures set out within the Act. No Local Authority approval or approval would get rid of the legal obligation 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 strong structure that sits astride a boundary and not belonging to a building. For that reason, any works to such walls that would be considered notifiable under the Party Wall Act would also apply to Party Fence Walls. Lumber fencing, precast concrete posts with infill panel fencing, etc would not be deemed to be a Party Fence Wall, whether astride a border or not.
If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no inconvenience or, present no risk of damage to their property, the Adjoining Owners just need to confirm, in composing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having actually developed, both the Structure Owners and the Adjacent Owners have to select a Party Wall Property surveyor to proceed with resolving the dispute. The Party Wall Company are frequently commissioned to supply guidance on the Act and to serve the appropriate Party Wall Notices, ensuring they are lawfully valid. A Party Wall Award is a lawfully binding file between Structure Owners and Adjacent Owners, which has been agreed by the appointed property surveyor( s), authorising the execution of structure work in accordance with the Act. Any works to such walls that would be considered notifiable under the Party Wall Act would also apply to Party Fence Walls.
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