Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every aspect required to recommend upon and deal with Party Wall problems, such as:
- Preparing and serving valid Party Wall Notices
- Acting as the Building Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Surveyor
- Acting as the Agreed Party Wall Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are professionals and operate in accordance with the policies set down by the Faculty of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to abide by this legislation might result in 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 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 trouble or, pose no danger 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 etc. The second phase would only be set off if the Adjacent Owners had any issues relating to the Structure Owners’ propositions or selected to neglect the Notice served by the Structure Owners.
A conflict would then be considered to have actually developed and, the structure provided by the Party Wall and so on. Act 1996 allows a resolution so that the Building Owners might carry out works whilst offering security to both parties. At the point of a “dispute” having actually arisen, both the Structure Owners and the Adjacent Owners need to select a Party Wall Property surveyor to proceed with fixing the dispute. This could be by means of separate property surveyor consultations or, by agreeing to a single property surveyor, called the Agreed Surveyor.
Party Wall Surveyors are responsibility bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any conflict occurring, Building Owners and Adjoining Owners do not necessarily need the services of a Party Wall Surveyor. However, The Party Wall Business are typically commissioned to supply suggestions on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally legitimate. When appointed, the Surveyors will think about 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 Building Owners making great any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notification?
Building Owners preparing to perform any of the works defined within the Party Wall etc. Act 1996 have a legal responsibility to serve written Notice on any Adjoining Owner who may be impacted by the Structure Owners proposed works. There is no main template for a Notice. Nevertheless, adequate information of the proposed works, legal names of all Owners, and when the proposed works will start are all critical to guarantee the credibility of the Notice.
The case of Lehmann vs Herman (1993) shows the importance of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent properties. Mr Herman wished to repair the Party Fence Wall that divided the two gardens and served a Notice 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 Structure Owners under the Act, Mrs Herman must also be consisted of on the Notification. The disagreement 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 lawfully binding document between Structure Owners and Adjacent Owners, which has been agreed by the selected property surveyor( s), authorising the execution of building work in accordance with the Act. A Schedule of Condition survey of the Adjoining Owners home, although not a specific requirement of the Party Wall etc. Act 1996, is traditional and forms a reference file within the Award.
I Already Have Preparation Permission And/ Or Building Control Approval. Do I Still Required To Follow The Party Wall Act?
If your prepared 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 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 considered to be a wall of solid structure that sits astride a boundary and not becoming part of a building. Therefore, any works to such walls that would be deemed notifiable under the Party Wall Act would also 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 Structure Owners’ proposed works will be of no hassle or, pose no hazard of damage to their home, the Adjoining Owners only require to verify, in composing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having emerged, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to proceed with dealing with the conflict. The Party Wall Business are frequently commissioned to provide suggestions on the Act and to serve the pertinent Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a lawfully binding document in between Building Owners and Adjacent Owners, which has actually been concurred by the appointed 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 use to Party Fence Walls.
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