We are Party Wall Surveyors specialising in party wall concerns in UK. We have more than twenty 5 years experience of operating in UK, acting for specialists, organizations, in addition to for people.
Each brief is unique, and our dedicated group of party wall surveyors is experienced in dealing with all manner of problems associating with party walls. We are proud to offer a bespoke service to match the varying needs of our clients.
This site is designed to supply standard information in addition to using you the chance to call us straight with your problems and requirements, thus allowing our specialist Party Wall Surveyors to encourage you appropriately.
The current legislation handling party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or structures (consisting of stacked structures).
Our group of Faulkners Surveyors Party Wall Surveyors provides a distinct specific niche service, which enables you to have the very best quality service at competitively priced fees.
To find out more contact one of our Faulkners Surveyors Party Wall property surveyors on 03300100262.
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.
Act 1996 Works In simplistic terms, the Party Wall etc. Act 1996 can be divided into 2 stages; to start with the Notifying Stage and secondly, if needed, the Disputed Phase. The first stage is where the Building Owners have a legal responsibility to serve a formal Notification detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no trouble or, posture no danger of damage to their property, the Adjoining Owners just need to validate, in composing, that they grant the works and the Party Wall and so on. Act 1996 could end there. The second phase would only be activated if the Adjoining Owners had any concerns associating with the Structure Owners’ proposals or chose to overlook the Notification served by the Structure Owners.
A conflict would then be deemed to have arisen and, the framework offered by the Party Wall and so on. Act 1996 makes it possible for a resolution so that the Building Owners could undertake works whilst supplying defense to both parties. At the point of a “disagreement” having developed, both the Structure Owners and the Adjoining Owners need to appoint a Party Wall Surveyor to proceed with resolving the dispute. This could be through different surveyor appointments or, by agreeing to a single property 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 dispute developing, Building Owners and Adjacent Owners do not always need the services of a Party Wall Property Surveyor. Nevertheless, The Party Wall Business are often commissioned to offer advice on the Act and to serve the appropriate Party Wall Notices, ensuring they are lawfully valid. Once designated, the Surveyors will consider the proposed works and concur a Party Wall Award which would detail the building works and how they should be undertaken. The rights given within the Party Wall Award undergo the Structure Owners making great any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notice?
Structure Owners planning to perform any of the works defined within the Party Wall and so on. Act 1996 have a legal obligation to serve written Notification on any Adjoining Owner who may be affected by the Building Owners proposed works. There is no official design template for a Notification. However, sufficient information 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 significance of serving a legitimate Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining homes. 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 just served the Notice 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 Building Owners under the Act, Mrs Herman need to also be included 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 lawfully binding document between Structure Owners and Adjacent Owners, which has actually been agreed by the designated surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will likewise mention information of: how the works are to be carried out; working times and days; procedures required to safeguard the Adjoining Owners residential or commercial property from damage and unneeded trouble; and make provisions for making good or the payment of payment need to harm be caused. A Set up of Condition survey of the Adjoining Owners home, although not a specific requirement of the Party Wall and so on. Act 1996, is popular and forms a recommendation file within the Award. The purpose of an Arrange of Condition study is to offer a written and photographic record of the condition of the building prior to any works commencing. The schedule is then referred to needs to any damage emerged 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 prepared 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 permission or approval would eliminate the legal responsibility 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 being part of a structure. Therefore, 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 considered 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 trouble or, position no threat of damage to their home, the Adjoining Owners only need to verify, in composing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having developed, both the Structure Owners and the Adjoining Owners have to select a Party Wall Property surveyor to continue with solving the conflict. The Party Wall Business are frequently commissioned to provide advice on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid. A Party Wall Award is a lawfully binding document between Building Owners and Adjacent Owners, which has been concurred by the designated 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 likewise use to Party Fence Walls.
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