We are Party Wall Surveyors specialising in party wall concerns in UK. We have more than twenty five years experience of working in UK, acting for specialists, businesses, as well as for people.
Each short is unique, and our dedicated team of party wall property surveyors is experienced in handling all manner of issues relating to party walls. We are proud to offer a bespoke service to match the differing requirements of our customers.
This website is designed to provide basic information along with offering you the chance to call us directly with your requirements and problems, therefore allowing our specialist Party Wall Surveyors to encourage you accordingly.
The present legislation dealing with party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or foundations (consisting of piled structures).
Our team of Faulkners Surveyors Party Wall Surveyors supplies a distinct niche service, which allows you to have the best quality service at competitively priced charges.
For more information contact one of our Faulkners Surveyors Party Wall property surveyors on 03300100262.
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.
Act 1996 Works In simple terms, the Party Wall etc. Act 1996 can be divided into 2 phases; first of all the Notifying Phase and secondly, if required, the Disputed Stage. The first stage is where the Structure Owners have a legal responsibility to serve an official Notification detailing the proposed works upon the Adjoining Owners. 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 residential or commercial property, the Adjoining Owners just require to confirm, in writing, that they grant the works and the Party Wall etc. Act 1996 could end there. The 2nd phase would only be triggered if the Adjacent Owners had any concerns associating with the Structure Owners’ proposals or picked to disregard the Notice served by the Building Owners.
A disagreement would then be considered to have actually emerged and, the structure offered by the Party Wall etc. At the point of a “disagreement” having actually emerged, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to proceed with dealing with the conflict.
Prior to any dispute arising, Structure Owners and Adjacent Owners do not necessarily require the services of a Party Wall Property Surveyor. The Party Wall Business are typically commissioned to offer guidance on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully legitimate.
What is a Party Wall Notification?
Structure Owners planning to bring out any of the works defined within the Party Wall and so on. Act 1996 have a legal responsibility to serve written Notification on any Adjoining Owner who may be impacted by the Building Owners proposed works.
The case of Lehmann vs Herman (1993) reveals the importance of serving a valid Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining properties. 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 refused to accept the Notification as standing and argued that as both Mr and Mrs Herman would be considered as Building Owners under the Act, Mrs Herman ought to likewise be included on the Notification. The dispute ended 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 Building Owners and Adjoining Owners, which has actually been agreed by the designated surveyor( s), authorising the execution of structure work in accordance with the Act. An Arrange of Condition survey of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall and so on. Act 1996, is popular and forms a recommendation file within the Award.
I Already Have Preparation Consent And/ Or Building Control Approval. Do I Still Required To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a totally different piece of statute legislation to the Town and Nation Preparation Act 1990 or the Structure Act 1984. 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 eliminate the legal commitment 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 solid structure that sits astride a boundary and not belonging to a structure. For that reason, any works to such walls that would be considered notifiable under the Party Wall Act would likewise apply to Party Fence Walls. Lumber 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 pleased that the Building Owners’ proposed works will be of no trouble or, pose no risk of damage to their property, the Adjoining Owners just require to confirm, in writing, 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 Adjacent Owners have to designate a Party Wall Property surveyor to proceed with resolving the dispute. The Party Wall Company are typically commissioned to provide guidance on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully valid. A Party Wall Award is a lawfully binding document between Structure Owners and Adjoining Owners, which has actually 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 deemed notifiable under the Party Wall Act would likewise apply to Party Fence Walls.
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