Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element necessary to advise upon and resolve Party Wall problems, such as:
- Preparing and serving legitimate Party Wall Notices
- Acting as the Structure Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Undertaking 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 regulations set down by the Faculty of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to comply with this legislation may lead to works being unlawful.
Party Wall (WikiPedia)
How The Party Wall etc.
Act 1996 Works In simplified terms, the Party Wall etc. Act 1996 can be divided into two phases; firstly the Notifying Phase and secondly, if required, the Disputed Phase. The first stage is where the Structure Owners have a legal responsibility to serve an official Notification detailing the proposed works upon the Adjoining Owners. If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, present no hazard of damage to their residential or commercial property, the Adjoining Owners only require to verify, in composing, that they consent to the works and the Party Wall etc. Act 1996 could end there. The 2nd stage would only be set off if the Adjoining Owners had any issues connecting to the Building Owners’ propositions or selected to neglect the Notification served by the Structure Owners.
A dispute would then be considered to have actually emerged and, the structure supplied by the Party Wall etc. At the point of a “disagreement” having occurred, both the Structure Owners and the Adjacent Owners have to select a Party Wall Property surveyor to continue with resolving the dispute.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any conflict occurring, Building Owners and Adjoining Owners do not always require the services of a Party Wall Surveyor. The Party Wall Company are frequently commissioned to supply guidance on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally valid. When appointed, the Surveyors will think about the proposed works and agree a Party Wall Award which would detail the building works and how they need to be carried out. The rights approved within the Party Wall Award are subject to the Building Owners making great any damage or, the payment of damages in lieu of making good.
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 affected by the Structure Owners proposed works.
The case of Lehmann vs Herman (1993) shows 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 valid and argued that as both Mr and Mrs Herman would be regarded as Structure Owners under the Act, Mrs Herman need to also be included on the Notice. The disagreement ended 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 file between Building Owners and Adjacent Owners, which has actually been agreed by the selected property surveyor( s), authorising the execution of structure work in accordance with the Act. A Schedule of Condition survey of the Adjoining Owners property, although not a specific requirement of the Party Wall etc. Act 1996, is traditional and forms a referral document within the Award.
I Already Have Planning Permission And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a totally separate piece of statute legislation to the Town and Nation Planning Act 1990 or the Structure Act 1984. If your prepared works would be deemed notifiable under the Party Wall Act then yes, you would have to follow the treatments set out within the Act. No Local Authority permission or approval would remove 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 solid structure that sits astride a boundary and not being part of a structure. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise use 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 pleased 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 require to verify, in composing, that they consent to the works and the Party Wall etc. At the point of a “disagreement” having occurred, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to proceed with fixing the dispute. The Party Wall Business are frequently commissioned to provide recommendations on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully valid. A Party Wall Award is a legally binding document in between Building Owners and Adjoining Owners, which has actually been concurred by the appointed property 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 also apply to Party Fence Walls.
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