Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element required to encourage upon and deal with Party Wall issues, such as:
- Preparing and serving legitimate Party Wall Notices
- Acting as the Structure Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are specialists and work in accordance with the regulations set down by the Faculty of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to comply with this legislation might result in works being unlawful.
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, position no danger of damage to their property, the Adjoining Owners just require to verify, in writing, that they consent to the works and the Party Wall etc. The second phase would just be activated if the Adjacent Owners had any concerns relating to the Structure Owners’ propositions or chose to neglect the Notification served by the Building Owners.
A conflict would then be considered to have actually emerged and, the framework offered by the Party Wall etc. Act 1996 allows a resolution so that the Structure Owners could carry out works whilst supplying protection to both parties. At the point of a “conflict” having arisen, both the Structure Owners and the Adjacent Owners need to select a Party Wall Property surveyor to proceed with dealing with the dispute. This could be through separate property surveyor appointments or, by agreeing to a single property surveyor, called the Agreed Surveyor.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any disagreement occurring, Structure Owners and Adjacent Owners do not always require the services of a Party Wall Property Surveyor. Nevertheless, The Party Wall Company are often commissioned to provide advice on the Act and to serve the pertinent Party Wall Notices, ensuring they are legally legitimate. When selected, the Surveyors will think about the proposed works and concur a Party Wall Award which would detail the building works and how they ought to be carried out. The rights approved within the Party Wall Award undergo the Structure Owners making good any damage or, the payment of damages in lieu of making great.
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 impacted by the Structure Owners proposed works. There is no official design template for a Notification. Adequate 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.
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 adjacent residential or commercial properties. Mr Herman wished to repair the Party Fence Wall that divided the two 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 regarded as Structure Owners under the Act, Mrs Herman must also be consisted of on the Notice. The conflict ended up in court and the judge agreed with the Lehmanns that the Notice was void.
What is a Party Wall Award?
A Party Wall Award is a legally binding document between Structure Owners and Adjoining Owners, which has been agreed by the appointed surveyor( s), authorising the execution of building work in accordance with the Act. An Award will likewise state details of: how the works are to be carried out; working times and days; steps needed to secure the Adjoining Owners residential or commercial property from damage and unnecessary hassle; and make provisions for making great or the payment of compensation ought to damage be caused. A Schedule of Condition survey of the Adjoining Owners residential or commercial property, although not a specific requirement of the Party Wall and so on. Act 1996, is customary and forms a recommendation file within the Award. The function of a Set up of Condition survey is to supply a composed and photographic record of the condition of the structure prior to any works starting. The schedule is then described needs to any damage come to light during or after conclusion of the works
I Already Have Planning Consent And/ Or Structure Control Approval. Do I Still Need 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 treatments set out within the Act. No Local Authority authorization 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 deemed to be a wall of strong 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 limit or not.
If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, position no danger of damage to their residential or commercial property, the Adjoining Owners just need to confirm, in writing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having developed, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Property surveyor to continue with resolving the conflict. The Party Wall Company are frequently commissioned to supply recommendations on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are legally valid. A Party Wall Award is a lawfully binding document between Structure Owners and Adjacent Owners, which has been agreed 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 deemed notifiable under the Party Wall Act would also apply to Party Fence Walls.
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