We are completely certified professional Party Wall Surveyors with years of experience producing Set up of Condition reports and legally serving Party Wall Agreements and Notices.
With offices in Central, South and North London it makes us perfectly positioned to serve Greater London and the surrounding counties.
Whether you’re a Structure Owner planning a new task or a neighbour who has actually been served a Party Wall Notification our knowledge and experience ensures we are always best prepared to help with your Party Wall requirements.
Call now and consult with a Specialist Surveyor for friendly expert guidance.
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.
In simplified terms, the Party Wall etc. If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, position no danger of damage to their residential or commercial property, the Adjoining Owners only require to confirm, in writing, that they consent to the works and the Party Wall and so on. The 2nd phase would only be triggered if the Adjacent Owners had any concerns relating to the Building Owners’ proposals or selected to overlook the Notification served by the Structure Owners.
A disagreement would then be deemed to have actually emerged and, the framework offered by the Party Wall and so on. Act 1996 enables a resolution so that the Structure Owners could undertake works whilst offering protection to both celebrations. At the point of a “dispute” having actually occurred, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Surveyor to proceed with dealing with the conflict. This could be via different surveyor consultations or, by consenting to a single property surveyor, called the Agreed Surveyor.
Prior to any dispute emerging, Building Owners and Adjacent Owners do not always need the services of a Party Wall Surveyor. The Party Wall Company are frequently commissioned to offer guidance on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally legitimate.
What is a Party Wall Notification?
Building Owners preparing to carry out any of the works defined within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notification on any Adjoining Owner who may be affected by the Structure Owners proposed works.
The case of Lehmann vs Herman (1993) shows the value of serving a valid Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent residential or commercial properties. Mr Herman wished to repair the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman only served the Notification in his name, Mr and Mrs Lehmann declined to accept the Notice as being legitimate and argued that as both Mr and Mrs Herman would be regarded as Structure Owners under the Act, Mrs Herman need to likewise be consisted of on the Notice. The conflict ended up in court and the judge agreed with the Lehmanns that the Notice was invalid.
What is a Party Wall Award?
A Party Wall Award is a legally binding file in between Building Owners and Adjoining Owners, which has been concurred by the appointed property 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 customary and forms a reference document within the Award.
I Already Have Planning Consent 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 Country Planning Act 1990 or the Building Act 1984. For that reason, if your prepared 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 get rid of the legal obligation to serve a Party Wall Notice 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 border and not belonging to a structure. For that reason, any works to such walls that would be deemed notifiable under the Party Wall Act would likewise apply to Party Fence Walls. Wood 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 Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, pose no hazard of damage to their home, the Adjoining Owners only need to verify, in composing, that they consent to the works and the Party Wall etc. At the point of a “conflict” having actually developed, both the Building Owners and the Adjacent Owners have to select a Party Wall Surveyor to proceed with solving the disagreement. The Party Wall Business are frequently commissioned to supply advice on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully legitimate. A Party Wall Award is a lawfully binding document in between Building Owners and Adjacent Owners, which has been concurred by the selected 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 likewise use to Party Fence Walls.
Around the Web