The Faulkners Surveyors is a professional Chartered Structure Surveying Practice that runs throughout UK. The Faulkners Surveyors undertakes all elements of the Party Wall etc. Act 1996 and provides the following services:
Neutral advice on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjacent Owners or Structure Owners
Acting as the Agreed Party Wall Property Surveyor
Carrying Out Schedules of Condition surveys
Preparation and settlement of Party Wall Awards (Contracts).
Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall, likewise referred to as common wall or as a demising wall) is a separating partition in between 2 adjacent buildings that is shared by the occupants of each residence or service. Usually, the home builder lays the wall surface along a home line splitting 2 terraced houses, to make sure that one half of the wall’s thickness pushes each side. This kind of wall is normally structural. Party walls can also be developed by two abutting wall surfaces built at different times. The term can be also used to define a division in between separate units within a multi-unit apartment complicated. Extremely usually the wall surface in this case is non-structural but designed to fulfill established requirements for noise and/or fire security, i.e. a firewall program.
How The Party Wall etc.
In simple terms, the Party Wall etc. If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, position no threat of damage to their home, the Adjoining Owners just need to verify, in composing, that they consent to the works and the Party Wall etc. The second stage would only be activated if the Adjoining Owners had any issues relating to the Structure Owners’ proposals or selected to ignore the Notification served by the Structure Owners.
A disagreement would then be considered to have actually arisen and, the structure offered by the Party Wall and so on. Act 1996 makes it possible for a resolution so that the Building Owners could carry out works whilst providing defense to both parties. At the point of a “conflict” having emerged, both the Building Owners and the Adjoining Owners need to select a Party Wall Property surveyor to proceed with solving the dispute. This could be via different surveyor consultations or, by accepting a single property surveyor, called the Agreed Surveyor.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any dispute developing, Building Owners and Adjacent Owners do not necessarily need the services of a Party Wall Surveyor. Nevertheless, The Party Wall Company are typically commissioned to provide recommendations on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully legitimate. When appointed, the Surveyors will consider the proposed works and concur a Party Wall Award which would information the structure works and how they must be undertaken. The rights granted within the Party Wall Award are subject to the Structure Owners making good any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notice?
Building Owners planning to perform any of the works defined within the Party Wall etc. Act 1996 have a legal commitment to serve written Notice on any Adjacent Owner who may be impacted by the Structure Owners proposed works. There is no official template for a Notification. Enough information of the proposed works, legal names of all Owners, and when the proposed works will start are all critical to make sure the credibility of the Notification.
The case of Lehmann vs Herman (1993) reveals the importance of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent homes. Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. However, as Mr Herman only served the Notification in his name, Mr and Mrs Lehmann contradicted the Notice as being valid and argued that as both Mr and Mrs Herman would be considered as Building Owners under the Act, Mrs Herman should likewise be included on the Notification. The disagreement 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 document between Building Owners and Adjacent Owners, which has been concurred by the appointed surveyor( s), authorising the execution of structure 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 etc. Act 1996, is traditional and forms a referral file within the Award.
I Already Have Planning Approval And/ Or Building Control Approval. Do I Still Required To Follow The Party Wall Act?
If your planned works would be deemed 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 remove 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 deemed to be a wall of strong 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. Timber 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 satisfied that the Structure Owners’ proposed works will be of no hassle or, posture no hazard of damage to their residential or commercial property, the Adjoining Owners just require to verify, in composing, that they consent to the works and the Party Wall and so on. At the point of a “conflict” having emerged, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to continue with resolving the conflict. The Party Wall Business are frequently commissioned to supply recommendations on the Act and to serve the relevant Party Wall Notices, ensuring they are lawfully valid. A Party Wall Award is a legally binding file between Building Owners and Adjacent Owners, which has actually been concurred by the selected property surveyor( s), authorising the execution of structure work in accordance with the Act. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise apply to Party Fence Walls.
Around the Web