Faulkners Surveyors is an independent company of structure property surveyors that specialise in the
Party Wall and so on. Act 1996 acting for Structure Owners, Adjoining Owners and as the Agreed Property Surveyor throughout London and the Home Counties.
Party Wall (WikiPedia)
How The Party Wall and so on.
In simplified terms, the Party Wall and so on. If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no trouble or, position no risk 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 and so on. The second phase would only be triggered if the Adjacent Owners had any issues relating to the Structure Owners’ proposals or chose to neglect the Notice served by the Building Owners.
A conflict would then be considered to have actually arisen and, the structure provided by the Party Wall etc. Act 1996 allows a resolution so that the Building Owners could carry out works whilst supplying security to both parties. At the point of a “dispute” having actually occurred, both the Building Owners and the Adjoining Owners have to select a Party Wall Property surveyor to proceed with fixing the conflict. This could be by means of separate property surveyor consultations or, by agreeing to a single surveyor, called the Agreed Property surveyor.
Prior to any conflict arising, Building Owners and Adjoining Owners do not always require the services of a Party Wall Surveyor. The Party Wall Business are frequently commissioned to provide guidance on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully valid.
What is a Party Wall Notice?
Structure Owners preparing to carry out 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 might be impacted by the Building 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 crucial to ensure the validity of the Notification.
The case of Lehmann vs Herman (1993) shows the importance of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent residential or commercial properties. Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. However, as Mr Herman just served the Notification in his name, Mr and Mrs Lehmann refused to accept the Notice as standing and argued that as both Mr and Mrs Herman would be regarded as Building Owners under the Act, Mrs Herman should likewise be consisted of on the Notification. The conflict wound up in court and the judge agreed with the Lehmanns that the Notification was invalid.
What is a Party Wall Award?
A Party Wall Award is a legally binding document in between Building Owners and Adjoining Owners, which has been concurred by the selected surveyor( s), authorising the execution of structure work in accordance with the Act. An Award will also specify details of: how the works are to be carried out; working times and days; procedures needed to safeguard the Adjoining Owners property from damage and unneeded inconvenience; and make provisions for making great or the payment of compensation should harm be triggered. An Arrange 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 referral document within the Award. The purpose of a Set up of Condition study is to provide a composed and photographic record of the condition of the building prior to any works starting. The schedule is then referred to needs to any damage emerged throughout or after conclusion of the works
I Already Have Preparation Authorization And/ Or Structure 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 authorization or approval would remove the legal commitment 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 boundary and not being part of a building. Any works to such walls that would be considered notifiable under the Party Wall Act would likewise use to Party Fence Walls. Wood 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 satisfied that the Building Owners’ proposed works will be of no trouble or, present no hazard of damage to their home, the Adjoining Owners only need to verify, in composing, that they consent to the works and the Party Wall etc. At the point of a “conflict” having emerged, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Surveyor to proceed with solving the conflict. The Party Wall Company are typically commissioned to provide advice on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally legitimate. A Party Wall Award is a legally binding file between Building Owners and Adjoining Owners, which has been concurred by the designated 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 also apply to Party Fence Walls.
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