- Preparing and serving valid Party Wall Notices
- Acting as the Structure Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Surveyor
- Acting as the Agreed Party Wall Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are specialists and operate in accordance with the policies set down by the Professors of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to adhere to this legislation may lead to works being illegal.
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 etc.
In simplistic terms, the Party Wall etc. If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, posture no hazard of damage to their property, the Adjoining Owners just require to confirm, in composing, that they consent to the works and the Party Wall etc. The 2nd stage would only be triggered if the Adjacent Owners had any concerns relating to the Structure Owners’ proposals or chose to overlook the Notice served by the Structure Owners.
A disagreement would then be deemed to have developed and, the framework offered by the Party Wall etc. At the point of a “disagreement” having actually occurred, both the Structure Owners and the Adjoining Owners have to select a Party Wall Property surveyor to continue with dealing with the dispute.
Prior to any disagreement developing, Building Owners and Adjoining Owners do not necessarily require the services of a Party Wall Property Surveyor. The Party Wall Company are frequently commissioned to provide guidance on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully legitimate.
What is a Party Wall Notification?
Structure Owners preparing to perform any of the works defined within the Party Wall etc. Act 1996 have a legal obligation to serve written Notification on any Adjoining Owner who might be affected by the Structure Owners proposed works. There is no main template for a Notice. Sufficient information 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.
Mr Herman wanted to repair the Party Fence Wall that divided the 2 gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman just served the Notice in his name, Mr and Mrs Lehmann refused to accept the Notice as being legitimate and argued that as both Mr and Mrs Herman would be related to as Building Owners under the Act, Mrs Herman should also be included on the Notification.
What is a Party Wall Award?
A Party Wall Award is a legally binding document in between Structure Owners and Adjoining Owners, which has actually been agreed by the appointed property surveyor( s), authorising the execution of building 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 unnecessary inconvenience; and make provisions for making great or the payment of payment need to damage be triggered. A Set up of Condition study of the Adjoining Owners home, although not a particular requirement of the Party Wall etc. Act 1996, is customary and forms a reference document within the Award. The function of an Arrange of Condition study is to provide a composed and photographic record of the condition of the structure prior to any works starting. The schedule is then referred to needs to any damage come to light throughout or after completion of the works
I Currently Have Planning Consent And/ Or Building Control Approval. Do I Still Required 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 remove 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 strong structure that sits astride a limit and not becoming part of a building. Any works to such walls that would be deemed 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 boundary or not.
If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no inconvenience or, posture 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 “conflict” having developed, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Surveyor to proceed with fixing the conflict. The Party Wall Business are typically commissioned to offer suggestions on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully valid. A Party Wall Award is a lawfully binding document in between Building Owners and Adjacent Owners, which has actually been agreed by the appointed 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 also apply to Party Fence Walls.
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