Faulkners Surveyors is an independent firm of structure property surveyors that specialise in the
Party Wall etc. Act 1996 acting for Structure Owners, Adjoining Owners and as the Agreed Surveyor throughout London and the House 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 etc.
Act 1996 Works In simplistic terms, the Party Wall and so on. Act 1996 can be split into two stages; firstly the Notifying Stage and second of all, if required, the Disputed Stage. The first stage is where the Structure Owners have a legal commitment to serve a formal Notification detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no trouble or, posture no danger of damage to their property, the Adjoining Owners only need to verify, in composing, that they consent to the works and the Party Wall etc. Act 1996 might end there. The 2nd phase would just be activated if the Adjoining Owners had any concerns connecting to the Building Owners’ proposals or picked to overlook the Notice served by the Building Owners.
A conflict would then be deemed to have arisen and, the structure supplied by the Party Wall etc. At the point of a “dispute” having actually arisen, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Surveyor to continue with dealing with the disagreement.
Prior to any conflict occurring, Structure Owners and Adjoining Owners do not necessarily require the services of a Party Wall Surveyor. The Party Wall Business are typically commissioned to offer recommendations on the Act and to serve the relevant Party Wall Notices, guaranteeing they are lawfully legitimate.
What is a Party Wall Notice?
Building Owners planning to carry out any of the works defined within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notice on any Adjoining Owner who may be affected by the Structure Owners proposed works.
Mr Herman desired to fix the Party Fence Wall that divided the 2 gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman just served the Notification in his name, Mr and Mrs Lehmann refused to accept the Notice as being legitimate and argued that as both Mr and Mrs Herman would be related to as Building Owners under the Act, Mrs Herman need to also be consisted of on the Notice.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Building Owners and Adjacent Owners, which has been agreed by the appointed property surveyor( s), authorising the execution of building work in accordance with the Act. An Arrange of Condition survey of the Adjoining Owners home, although not a particular requirement of the Party Wall and so on. Act 1996, is popular and forms a referral document within the Award.
I Already Have Preparation Consent And/ Or Building Control Approval. Do I Still Required To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is an absolutely separate piece of statute legislation to the Town and Country Planning Act 1990 or the Building Act 1984. If your planned works would be considered notifiable under the Party Wall Act then yes, you would have to follow the treatments set out within the Act. No Local Authority authorization 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 strong structure that sits astride a boundary 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 limit or not.
If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, posture no risk of damage to their residential or commercial property, the Adjoining Owners only need to confirm, in composing, that they consent to the works and the Party Wall etc. At the point of a “disagreement” having arisen, both the Structure Owners and the Adjacent Owners have to select a Party Wall Surveyor to proceed with dealing with the disagreement. The Party Wall Company are typically commissioned to provide guidance on the Act and to serve the relevant 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 been agreed by the designated 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 use to Party Fence Walls.
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