Faulkners Surveyors is an independent firm of building surveyors that specialise in the
Party Wall etc. Act 1996 acting for Building Owners, Adjoining Owners and as the Agreed Surveyor throughout London and the Home Counties.
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.
In simplified terms, the Party Wall and so on. If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no hassle or, pose no threat of damage to their home, the Adjoining Owners only require to verify, in composing, that they consent to the works and the Party Wall etc. The 2nd stage would just be triggered if the Adjacent Owners had any concerns relating to the Building Owners’ propositions or chose to neglect the Notification served by the Building Owners.
A disagreement would then be considered to have arisen and, the structure offered by the Party Wall etc. Act 1996 allows a resolution so that the Structure Owners could undertake works whilst providing defense to both celebrations. 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 dealing with the dispute. This could be through different property surveyor consultations or, by accepting a single surveyor, called the Agreed Surveyor.
Prior to any disagreement emerging, Structure Owners and Adjacent Owners do not necessarily require the services of a Party Wall Property Surveyor. The Party Wall Business are often commissioned to supply suggestions on the Act and to serve the appropriate Party Wall Notices, ensuring they are lawfully valid.
What is a Party Wall Notification?
Building Owners preparing to carry 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 Adjacent Owner who may be affected by the Structure Owners proposed works.
Mr Herman wanted to repair 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 declined to accept the Notification as being legitimate and argued that as both Mr and Mrs Herman would be concerned as Building Owners under the Act, Mrs Herman ought to likewise be consisted of on the Notice.
What is a Party Wall Award?
A Party Wall Award is a legally binding document between Structure Owners and Adjoining Owners, which has actually been concurred by the appointed surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will likewise specify details of: how the works are to be undertaken; working days and times; measures needed to protect the Adjoining Owners property from damage and unnecessary hassle; and make provisions for making great or the payment of settlement must damage be triggered. A Schedule of Condition study of the Adjoining Owners home, although not a particular requirement of the Party Wall and so on. Act 1996, is traditional and forms a referral file within the Award. The function of a Schedule of Condition study is to provide a composed and photographic record of the condition of the building prior to any works commencing. The schedule is then described ought to any damage emerged during or after completion of the works
I Currently Have Planning Permission And/ Or Building Control Approval. Do I Still Need 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 Local Authority consent 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 considered to be a wall of strong structure that sits astride a border and not becoming part of a structure. Therefore, any works to such walls that would be deemed notifiable under the Party Wall Act would also 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 limit or not.
If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, position no danger of damage to their home, 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 occurred, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to continue with fixing the dispute. The Party Wall Business are typically commissioned to provide recommendations on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid. A Party Wall Award is a legally binding document 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 considered notifiable under the Party Wall Act would also use to Party Fence Walls.
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