We pride ourselves on our versatility and individual involvement towards our clients requirements. Faulkners Surveyors are a broadening group of surveyors with a wealth of experience, skill and competence. Then call Faulkners Surveyors for an informative chat, if you are looking for an expert yet versatile approach to all your home matters.
Our surveyors are managed by the Faculty of Party Wall Surveyors and carry professional indemnity insurance coverage to cover their work.
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.
Act 1996 Functions In simplified terms, the Party Wall and so on. Act 1996 can be divided into two stages; first of all the Notifying Phase and second of all, if required, the Disputed Phase. The first stage is where the Building Owners have a legal commitment to serve a formal Notification detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, present no risk of damage to their residential or commercial property, the Adjoining Owners just need to verify, in composing, that they consent to the works and the Party Wall etc. Act 1996 might end there. The second stage would just be activated if the Adjoining Owners had any issues associating with the Building Owners’ proposals or picked to neglect the Notification served by the Building Owners.
A disagreement would then be deemed to have actually arisen and, the structure offered by the Party Wall etc. At the point of a “dispute” having developed, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to continue with dealing with the conflict.
Prior to any disagreement arising, Building Owners and Adjacent Owners do not necessarily require the services of a Party Wall Surveyor. The Party Wall Business are frequently commissioned to supply advice on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully legitimate.
What is a Party Wall Notice?
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 Adjoining Owner who might be impacted 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 start are all vital to guarantee the credibility of the Notification.
Mr Herman desired to fix the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman only served the Notice in his name, Mr and Mrs Lehmann declined to accept the Notification as being valid and argued that as both Mr and Mrs Herman would be concerned as Structure Owners under the Act, Mrs Herman should likewise be included on the Notification.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Building Owners and Adjacent Owners, which has actually been agreed by the selected property surveyor( s), authorising the execution of building operate in accordance with the Act. An Award will likewise mention information of: how the works are to be undertaken; working days and times; steps required to protect the Adjoining Owners property from damage and unnecessary hassle; and make provisions for making great or the payment of settlement need to harm be caused. An Arrange of Condition survey of the Adjoining Owners property, 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 survey is to offer a composed and photographic record of the condition of the building prior to any works beginning. The schedule is then described must any damage emerged during or after conclusion of the works
I Already Have Preparation Approval 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 treatments set out within the Act. No Local Authority permission or approval would remove 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 strong structure that sits astride a limit and not becoming part of a building. Any works to such walls that would be considered notifiable under the Party Wall Act would likewise apply to Party Fence Walls. Wood fencing, precast concrete posts with infill panel fencing, etc would not be considered to be a Party Fence Wall, whether astride a boundary or not.
If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no trouble or, present no threat of damage to their residential or commercial property, the Adjoining Owners just require to verify, in composing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having actually developed, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to continue with fixing the conflict. The Party Wall Business are typically commissioned to offer 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 document between Structure Owners and Adjacent Owners, which has actually been agreed by the selected 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 also apply to Party Fence Walls.
Around the Web