We are Party Wall Surveyors specialising in party wall issues in UK. We have more than twenty five years experience of operating in UK, acting for experts, organizations, along with for people.
Each brief is distinct, and our devoted group of party wall surveyors is experienced in handling all manner of issues relating to party walls. We are proud to provide a bespoke service to match the differing needs of our customers.
This site is developed to provide fundamental details in addition to using you the opportunity to call us directly with your issues and requirements, thus allowing our professional Party Wall Surveyors to encourage you accordingly.
The present legislation handling party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or structures (including stacked structures).
Our group of Faulkners Surveyors Party Wall Surveyors provides a special niche service, which enables you to have the very best quality service at competitively priced charges.
To learn 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 etc.
In simple terms, the Party Wall and so on. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, position no risk of damage to their residential or commercial property, the Adjoining Owners only require to confirm, in composing, that they consent to the works and the Party Wall and so on. The 2nd stage would just be activated if the Adjoining Owners had any concerns relating to the Building Owners’ proposals or chose to overlook the Notification served by the Building Owners.
A conflict would then be deemed to have emerged and, the framework offered by the Party Wall and so on. Act 1996 makes it possible for a resolution so that the Structure Owners might carry out works whilst providing security to both parties. At the point of a “conflict” having developed, both the Structure Owners and the Adjoining Owners have to select a Party Wall Property surveyor to proceed with resolving the conflict. This could be via different property surveyor appointments or, by consenting to a single surveyor, called the Agreed Surveyor.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any disagreement occurring, Building Owners and Adjoining Owners do not always need the services of a Party Wall Surveyor. Nevertheless, The Party Wall Business are frequently commissioned to provide suggestions on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully legitimate. As soon as selected, the Surveyors will consider the proposed works and agree a Party Wall Award which would information the building works and how they need to be undertaken. The rights given within the Party Wall Award go through the Structure Owners making good 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 specified within the Party Wall etc. Act 1996 have a legal obligation to serve written Notice on any Adjacent Owner who might be affected by the Structure Owners proposed works. There is no official design template for a Notice. Adequate detail 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 Notification.
The case of Lehmann vs Herman (1993) shows the value of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining homes. Mr Herman wished to fix the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. However, as Mr Herman only served the Notification in his name, Mr and Mrs Lehmann contradicted the Notice as being valid and argued that as both Mr and Mrs Herman would be considered as Structure Owners under the Act, Mrs Herman must also be consisted of on the Notification. The conflict 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 Building Owners and Adjoining Owners, which has been concurred by the designated property 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; measures required to safeguard the Adjoining Owners home from damage and unneeded inconvenience; and make provisions for making good or the payment of settlement ought to harm be caused. An Arrange of Condition survey of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall and so on. Act 1996, is customary and forms a recommendation file within the Award. The purpose of a Set up of Condition survey is to offer a composed and photographic record of the condition of the building prior to any works starting. The schedule is then referred to must any damage emerged throughout or after completion of the works
I Already Have Preparation Permission 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 Regional Authority consent or approval would get rid of 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 considered to be a wall of solid structure that sits astride a limit and not being part of a building. Therefore, any works to such walls that would be considered notifiable under the Party Wall Act would also apply to Party Fence Walls. Wood 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 pleased that the Structure Owners’ proposed works will be of no trouble or, position no risk of damage to their property, the Adjoining Owners only require to confirm, in writing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having actually occurred, both the Building Owners and the Adjacent Owners have to select a Party Wall Surveyor to proceed with dealing with the dispute. The Party Wall Company are often commissioned to supply 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 file in between Structure Owners and Adjoining Owners, which has been agreed by the selected 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 likewise apply to Party Fence Walls.
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