The Faulkners Surveyors is a professional Chartered Building Surveying Practice that runs throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall etc. Act 1996 and offers the following services:
Impartial recommendations on all Party Wall Matters
Preparation and service of legitimate 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 studies
Preparation and negotiation of Party Wall Awards (Agreements).
Party Wall (WikiPedia)
How The Party Wall and so on.
In simplified terms, the Party Wall etc. If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, posture no danger of damage to their home, the Adjoining Owners just need to verify, in composing, that they consent to the works and the Party Wall and so on. The 2nd stage would just be activated if the Adjacent Owners had any issues relating to the Structure Owners’ proposals or picked to overlook the Notification served by the Building Owners.
A conflict would then be considered to have actually occurred and, the framework provided by the Party Wall and so on. Act 1996 allows a resolution so that the Structure Owners might carry out works whilst supplying protection to both parties. At the point of a “conflict” 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 surveyor visits or, by accepting a single surveyor, called the Agreed Surveyor.
Party Wall Surveyors are duty bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any disagreement emerging, Structure Owners and Adjoining Owners do not always need the services of a Party Wall Property Surveyor. However, The Party Wall Company are often commissioned to supply suggestions on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are legally valid. As soon as designated, the Surveyors will think about the proposed works and concur a Party Wall Award which would information the building works and how they ought to be carried out. The rights approved within the Party Wall Award undergo the Structure Owners making great any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notice?
Building Owners planning to carry out any of the works defined within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notification on any Adjoining Owner who might be affected by the Structure Owners proposed works.
The case of Lehmann vs Herman (1993) shows the significance of serving a legitimate Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining homes. Mr Herman wanted to fix the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman just served the Notification in his name, Mr and Mrs Lehmann refused to accept the Notification as being valid and argued that as both Mr and Mrs Herman would be related to as Building Owners under the Act, Mrs Herman should likewise be consisted of 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 file in between Structure Owners and Adjoining Owners, which has been concurred by the designated 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 particular requirement of the Party Wall etc. Act 1996, is traditional and forms a reference document within the Award.
I Currently Have Preparation Permission And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?
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 authorization or approval would get rid of the legal obligation 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 limit and not belonging to a structure. For that reason, any works to such walls that would be deemed 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 border or not.
If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, pose no hazard of damage to their property, the Adjoining Owners just need to confirm, in composing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having emerged, both the Building Owners and the Adjacent Owners have to designate a Party Wall Surveyor to proceed with resolving the conflict. The Party Wall Business are frequently commissioned to provide recommendations on the Act and to serve the appropriate Party Wall Notices, ensuring they are lawfully legitimate. A Party Wall Award is a lawfully binding document between Building Owners and Adjacent Owners, which has been agreed 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 use to Party Fence Walls.
Around the Web