The Faulkners Surveyors is a specialist Chartered Structure Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all aspects of the Party Wall etc. Act 1996 and provides the following services:
Unbiased advice on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Surveyor for either Adjacent Owners or Structure Owners
Acting as the Agreed Party Wall Surveyor
Undertaking Schedules of Condition studies
Preparation and negotiation of Party Wall Awards (Arrangements).
Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall surface, likewise called usual wall or as a demising wall surface) is a dividing dividers in between 2 adjoining buildings that is shared by the occupants of each residence or business. Normally, the building contractor lays the wall along a residential or commercial property line dividing two terraced residences, so that one fifty percent of the wall’s thickness rests on each side. This sort of wall surface is typically architectural. Party wall surfaces can additionally be created by two abutting wall surfaces built at various times. The term can be also made use of to explain a division in between different units within a multi-unit apartment building. Extremely often the wall surface in this situation is non-structural but created to fulfill well established standards for audio and/or fire protection, i.e. a firewall program.
How The Party Wall etc.
Act 1996 Functions In simplistic terms, the Party Wall etc. Act 1996 can be split into 2 phases; to start with the Notifying Stage and secondly, if required, the Disputed Stage. The first stage is where the Building Owners have a legal responsibility to serve a formal Notification detailing the proposed works upon the Adjacent Owners. If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, present no threat of damage to their residential or commercial property, the Adjoining Owners only need to verify, in writing, that they consent to the works and the Party Wall etc. Act 1996 might end there. The second stage would just be set off if the Adjoining Owners had any issues connecting to the Structure Owners’ propositions or chose to disregard the Notification served by the Building Owners.
A disagreement would then be deemed to have actually developed and, the framework provided by the Party Wall etc. Act 1996 enables a resolution so that the Structure Owners might carry out works whilst offering defense to both parties. At the point of a “disagreement” having actually emerged, both the Structure Owners and the Adjacent Owners need to designate a Party Wall Surveyor to proceed with dealing with the disagreement. This could be through separate surveyor appointments or, by agreeing to a single property surveyor, called the Agreed Surveyor.
Prior to any conflict emerging, Structure Owners and Adjoining Owners do not always need 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 appropriate Party Wall Notices, ensuring they are legally legitimate.
What is a Party Wall Notification?
Building Owners preparing to perform any of the works defined within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notice on any Adjoining Owner who might be impacted by the Structure Owners proposed works. There is no official template for a Notification. Nevertheless, adequate detail of the proposed works, legal names of all Owners, and when the proposed works will commence are all important to make sure the validity of the Notice.
The case of Lehmann vs Herman (1993) shows the value of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining homes. Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman just served the Notice in his name, Mr and Mrs Lehmann declined to accept the Notification as being legitimate and argued that as both Mr and Mrs Herman would be regarded as Structure Owners under the Act, Mrs Herman must likewise be consisted of on the Notice. The dispute wound 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 lawfully binding file between Structure Owners and Adjacent Owners, which has actually been agreed by the designated property surveyor( s), authorising the execution of structure work in accordance with the Act. A Schedule of Condition study 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 Preparation Authorization And/ Or Building Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a completely different piece of statute legislation to the Town and Country Planning Act 1990 or the Structure Act 1984. 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 Local Authority permission or approval would get rid of 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 limit 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. Lumber fencing, precast concrete posts with infill panel fencing, etc would not be considered to be a Party Fence Wall, whether astride a limit or not.
If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, pose no hazard of damage to their residential or commercial property, the Adjoining Owners only require to validate, in composing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having occurred, both the Building Owners and the Adjacent Owners have to select a Party Wall Property surveyor to proceed with resolving the conflict. The Party Wall Company are typically commissioned to provide guidance on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a lawfully binding document between Structure Owners and Adjacent Owners, which has been concurred by the designated 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.
Around the Web