Faulkners Surveyors As qualified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element needed to recommend upon and resolve Party Wall issues, such as:

  • Preparing and serving legitimate Party Wall Notices
  • Acting as the Building Owners Party Wall Property Surveyor
  • Acting as the Adjoining Owners Party Wall Surveyor
  • Acting as the Agreed Party Wall Property Surveyor
  • Carrying out and preparing Schedules of Condition
  • Preparation and negotiation of Party Wall Awards

All our Party Wall Surveyors are specialists and work in accordance with the guidelines set down by the Faculty of Party Wall Surveyors.

The Party Wall Act and so on 1996 is law, failure to abide by this legislation may result in works being illegal.

Party Wall (WikiPedia)

Normally, the home builder lays the wall along a residential or commercial property line separating two terraced residences, so that one half of the wall surface’s thickness exists on each side. This type of wall surface is usually structural. Event wall surfaces can likewise be created by two abutting wall surfaces developed at different times.

Party Wall act

How The Party Wall and so on.

In simplistic terms, the Party Wall and so on. If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no trouble or, pose no risk of damage to their residential or commercial property, the Adjoining Owners just need to confirm, in composing, that they consent to the works and the Party Wall etc. The 2nd phase would only be triggered if the Adjoining Owners had any concerns relating to the Building Owners’ propositions or picked to overlook the Notification served by the Structure Owners.
A disagreement would then be deemed to have actually emerged and, the structure offered by the Party Wall and so on. Act 1996 makes it possible for a resolution so that the Structure Owners could undertake works whilst offering security to both celebrations. At the point of a “dispute” having arisen, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Surveyor to proceed with solving the conflict. This could be through separate property surveyor visits or, by accepting a single property surveyor, called the Agreed Surveyor.
Prior to any dispute developing, Building Owners and Adjacent Owners do not always need the services of a Party Wall Surveyor. The Party Wall Business are typically commissioned to provide suggestions on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally legitimate.

What is a Party Wall Notice?

Structure Owners preparing to bring out any of the works defined within the Party Wall etc. Act 1996 have a legal commitment to serve written Notification on any Adjoining Owner who might be impacted by the Structure Owners proposed works.
Mr Herman wanted to repair the Party Fence Wall that divided the 2 gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman just served the Notification in his name, Mr and Mrs Lehmann declined to accept the Notification as being valid and argued that as both Mr and Mrs Herman would be concerned as Building Owners under the Act, Mrs Herman should likewise be included on the Notice.

What is a Party Wall Award?

A Party Wall Award is a lawfully binding document between Building Owners and Adjacent Owners, which has actually been agreed by the appointed property surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will also state information of: how the works are to be undertaken; working times and days; procedures needed to protect the Adjoining Owners residential or commercial property from damage and unneeded hassle; and make provisions for making great or the payment of settlement ought to harm be caused. A Set up of Condition survey of the Adjoining Owners home, although not a specific requirement of the Party Wall etc. Act 1996, is customary and forms a reference document within the Award. The function of a Schedule of Condition survey is to supply a written and photographic record of the condition of the structure prior to any works beginning. The schedule is then referred to should any damage come to light during or after completion of the works
.

I Currently Have Preparation Permission And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?

The Party Wall etc. Act 1996 is a completely different piece of statute legislation to the Town and Nation Planning Act 1990 or the Building Act 1984. If your prepared 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 permission or approval would remove 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 deemed to be a wall of solid structure that sits astride a border and not being part of a structure. For that reason, any works to such walls that would be deemed notifiable under the Party Wall Act would also apply to Party Fence Walls. Timber fencing, precast concrete posts with infill panel fencing, etc would not be deemed to be a Party Fence Wall, whether astride a boundary or not.

If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no trouble or, posture no risk of damage to their home, the Adjoining Owners just require to confirm, in composing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having occurred, both the Structure Owners and the Adjacent Owners have to select a Party Wall Property surveyor to continue with dealing with the dispute. The Party Wall Business are frequently commissioned to offer guidance on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully valid. A Party Wall Award is a lawfully binding file between Structure Owners and Adjoining Owners, which has been agreed by the appointed surveyor( s), authorising the execution of structure work in accordance with the Act. Any works to such walls that would be deemed notifiable under the Party Wall Act would also apply to Party Fence Walls.

Related Articles

Around the Web