Faulkners Surveyors is an independent firm of building property surveyors that specialise in the
Party Wall and so on. Act 1996 acting for Structure Owners, Adjoining Owners and as the Agreed Surveyor throughout London and the Home Counties.
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 Functions In simplified terms, the Party Wall and so on. Act 1996 can be split into 2 phases; first of all the Notifying Stage and second of all, if required, the Disputed Stage. The first stage is where the Building Owners have a legal commitment to serve a formal Notice detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no trouble or, position no hazard of damage to their home, the Adjoining Owners only need to confirm, in writing, that they consent to 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 connecting to the Structure Owners’ propositions or selected to overlook the Notice served by the Structure Owners.
A dispute would then be deemed to have actually occurred and, the structure offered by the Party Wall and so on. At the point of a “dispute” having arisen, both the Structure Owners and the Adjoining Owners have to select a Party Wall Surveyor to continue with dealing with the conflict.
Prior to any conflict arising, Structure Owners and Adjacent Owners do not always require the services of a Party Wall Property Surveyor. The Party Wall Business are typically commissioned to supply suggestions on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully valid.
What is a Party Wall Notice?
Structure Owners preparing to perform any of the works specified within the Party Wall and so on. Act 1996 have a legal responsibility to serve written Notice on any Adjacent Owner who might be impacted by the Building Owners proposed works. There is no main template for a Notice. Nevertheless, adequate detail of the proposed works, legal names of all Owners, and when the proposed works will begin are all critical to ensure 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 adjoining properties. Mr Herman wanted to fix the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. Nevertheless, as Mr Herman just served the Notification in his name, Mr and Mrs Lehmann contradicted the Notice as standing and argued that as both Mr and Mrs Herman would be considered Building Owners under the Act, Mrs Herman ought to likewise 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 file between Structure Owners and Adjacent Owners, which has been agreed by the designated property surveyor( s), authorising the execution of building work in accordance with the Act. An Award will likewise specify information of: how the works are to be undertaken; working times and days; procedures needed to secure the Adjoining Owners residential or commercial property from damage and unneeded trouble; and make provisions for making good or the payment of payment should damage be triggered. A Schedule of Condition study 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 purpose of an Arrange of Condition survey is to supply a written and photographic record of the condition of the structure prior to any works commencing. The schedule is then referred to ought to any damage emerged during or after completion of the works
I Currently Have Planning Consent And/ Or Structure Control Approval. Do I Still Required 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 consent or approval would remove 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 boundary and not being part of a structure. Therefore, any works to such walls that would be considered notifiable under the Party Wall Act would also apply to Party Fence Walls. Timber 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 inconvenience or, posture no danger of damage to their home, the Adjoining Owners just require to validate, in writing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having emerged, both the Building Owners and the Adjoining Owners have to select a Party Wall Surveyor to proceed with dealing with the conflict. The Party Wall Business are frequently commissioned to provide recommendations on the Act and to serve the relevant Party Wall Notices, ensuring they are lawfully legitimate. A Party Wall Award is a legally binding file between Structure Owners and Adjoining Owners, which has been agreed by the designated property surveyor( s), authorising the execution of building work in accordance with the Act. Any works to such walls that would be considered notifiable under the Party Wall Act would also use to Party Fence Walls.
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