Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every aspect necessary to recommend upon and resolve Party Wall concerns, 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 Surveyor
- Acting as the Agreed Party Wall Surveyor
- Carrying out 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 policies set down by the Faculty of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to adhere to this legislation might result in works being illegal.
Party Wall (WikiPedia)
How The Party Wall etc.
Act 1996 Functions In simplified terms, the Party Wall and so on. Act 1996 can be split into two stages; first of all the Notifying Stage and secondly, if required, the Disputed Stage. The first stage is where the Building Owners have a legal obligation to serve an official Notification detailing the proposed works upon the Adjoining Owners. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no hassle or, position no risk of damage to their home, the Adjoining Owners only require to verify, in writing, that they consent to the works and the Party Wall etc. Act 1996 might end there. The 2nd stage would just be triggered if the Adjacent Owners had any concerns associating with the Building Owners’ proposals or selected to neglect the Notice served by the Structure Owners.
A disagreement would then be considered to have actually emerged and, the framework offered by the Party Wall and so on. At the point of a “disagreement” having developed, both the Structure Owners and the Adjacent Owners have to designate a Party Wall Property surveyor to proceed with solving the conflict.
Prior to any disagreement emerging, Building Owners and Adjacent Owners do not always require the services of a Party Wall Property Surveyor. The Party Wall Business are frequently commissioned to provide advice on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid.
What is a Party Wall Notice?
Building Owners planning to perform any of the works specified within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notification on any Adjacent Owner who might be impacted by the Structure Owners proposed works. There is no main design template for a Notification. Nevertheless, adequate detail of the proposed works, legal names of all Owners, and when the proposed works will begin are all critical to guarantee the validity of the Notice.
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 adjoining residential or commercial properties. Mr Herman wished to fix 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 refused to accept the Notice as being valid and argued that as both Mr and Mrs Herman would be concerned as Building Owners under the Act, Mrs Herman need to likewise be consisted of on the Notice. The conflict wound up in court and the judge agreed with the Lehmanns that the Notification was void.
What is a Party Wall Award?
A Party Wall Award is a legally binding document in between Structure Owners and Adjoining 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 study of the Adjoining Owners residential or commercial property, although not a specific requirement of the Party Wall etc. Act 1996, is popular and forms a reference document within the Award.
I Already Have Planning Permission And/ Or Building Control Approval. Do I Still Required To Follow The Party Wall Act?
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 Regional Authority consent or approval would eliminate 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 strong structure that sits astride a border and not belonging to a building. For that reason, any works to such walls that would be considered 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 border or not.
If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, present no danger 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 occurred, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Surveyor to proceed with fixing the dispute. The Party Wall Company are often commissioned to offer advice on the Act and to serve the appropriate Party Wall Notices, ensuring they are lawfully legitimate. A Party Wall Award is a legally binding file between Building Owners and Adjacent Owners, which has been concurred by the appointed property 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 likewise use to Party Fence Walls.
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