- Preparing and serving legitimate Party Wall Notices
- Acting as the Building Owners Party Wall Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and negotiation of Party Wall Awards
All our Party Wall Surveyors are experts 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 abide by this legislation might result in works being unlawful.
Party Wall (WikiPedia)
How The Party Wall etc.
In simplistic terms, the Party Wall and so on. If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, posture no threat of damage to their property, the Adjoining Owners only need to validate, in writing, that they consent to the works and the Party Wall etc. The 2nd stage would only be triggered if the Adjoining Owners had any issues relating to the Structure Owners’ proposals or selected to ignore the Notice served by the Structure Owners.
A disagreement would then be considered to have emerged and, the structure offered by the Party Wall etc. Act 1996 enables a resolution so that the Building Owners could undertake works whilst supplying security to both parties. At the point of a “disagreement” having actually developed, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Surveyor to proceed with resolving the conflict. This could be through separate surveyor visits or, by consenting to a single surveyor, called the Agreed Surveyor.
Prior to any disagreement occurring, Structure Owners and Adjacent Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Company are typically commissioned to provide recommendations on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully valid.
What is a Party Wall Notification?
Structure 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 Adjacent Owner who may be impacted by the Structure Owners proposed works. There is no official template for a Notification. Enough detail of the proposed works, legal names of all Owners, and when the proposed works will commence are all important to ensure the credibility of the Notice.
Mr Herman desired to fix the Party Fence Wall that divided the 2 gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman only served the Notification in his name, Mr and Mrs Lehmann refused to accept the Notification as being valid and argued that as both Mr and Mrs Herman would be regarded 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 legally binding document in between Structure Owners and Adjacent Owners, which has been concurred by the designated property surveyor( s), authorising the execution of building operate in accordance with the Act. An Award will also state details of: how the works are to be carried out; working days and times; procedures required to protect the Adjoining Owners residential or commercial property from damage and unnecessary trouble; and make provisions for making great or the payment of compensation should damage be triggered. A Schedule of Condition study of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall etc. Act 1996, is traditional and forms a recommendation file within the Award. The purpose of a Schedule of Condition study is to supply a written and photographic record of the condition of the building prior to any works commencing. The schedule is then described needs to any damage emerged during or after completion of the works
I Currently Have Preparation Consent And/ Or Building Control Approval. Do I Still Need To Follow The Party Wall Act?
If your planned 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 Regional Authority approval or approval would eliminate the legal responsibility 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 deemed to be a wall of solid structure that sits astride a border and not becoming part of a building. Any works to such walls that would be considered 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 boundary or not.
If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no inconvenience or, present no danger of damage to their property, the Adjoining Owners only require to confirm, in writing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having actually arisen, both the Building Owners and the Adjoining Owners have to select a Party Wall Surveyor to continue with dealing with the conflict. The Party Wall Business are frequently commissioned to provide suggestions on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully legitimate. A Party Wall Award is a legally binding file between Building Owners and Adjoining Owners, which has actually been agreed 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 deemed notifiable under the Party Wall Act would also use to Party Fence Walls.
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