The Faulkners Surveyors is a specialist Chartered Structure Surveying Practice that runs throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall and so on. Act 1996 and provides the following services:

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.

Party Wall act

How The Party Wall etc.

Act 1996 Works In simple terms, the Party Wall and so on. Act 1996 can be split into 2 phases; first of all the Notifying Phase and secondly, if required, the Disputed Phase. The first stage is where the Structure Owners have a legal obligation to serve a formal Notice detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, pose no risk of damage to their 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 phase would only be set off if the Adjoining Owners had any issues connecting to the Structure Owners’ proposals or picked to ignore the Notice served by the Structure Owners.
A disagreement would then be deemed to have actually emerged and, the structure provided by the Party Wall etc. At the point of a “dispute” having arisen, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to continue with solving the dispute.
Prior to any dispute arising, Building Owners and Adjacent Owners do not always require the services of a Party Wall Property Surveyor. The Party Wall Company are often commissioned to supply recommendations on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are legally valid.

What is a Party Wall Notice?

Building Owners preparing to bring out any of the works defined within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notification on any Adjoining Owner who may be impacted by the Building Owners proposed works.
The case of Lehmann vs Herman (1993) shows the value of serving a legitimate Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent 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 only served the Notification in his name, Mr and Mrs Lehmann declined to accept the Notice as being legitimate and argued that as both Mr and Mrs Herman would be related to as Structure Owners under the Act, Mrs Herman ought to also be included on the Notification. The disagreement 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 Building Owners and Adjoining Owners, which has actually been concurred by the designated property surveyor( s), authorising the execution of structure work in accordance with the Act. An Award will also state information of: how the works are to be undertaken; working days and times; steps required to protect the Adjoining Owners home from damage and unneeded trouble; and make provisions for making great or the payment of settlement should harm be triggered. A Set up of Condition survey of the Adjoining Owners residential or commercial property, although not a specific requirement of the Party Wall and so on. Act 1996, is traditional and forms a recommendation document within the Award. The purpose of a Schedule of Condition survey is to offer a written and photographic record of the condition of the building prior to any works starting. The schedule is then referred to must any damage come to light during or after conclusion of the works
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I Currently Have Preparation Permission And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?

The Party Wall etc. Act 1996 is an absolutely different piece of statute legislation to the Town and Country Preparation Act 1990 or the Building Act 1984. If your planned works would be considered notifiable under the Party Wall Act then yes, you would have to follow the procedures set out within the Act. No Regional Authority approval 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 deemed to be a wall of solid structure that sits astride a limit and not becoming part of a structure. 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 border or not.

If the Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no trouble or, position no threat of damage to their property, the Adjoining Owners just require to verify, 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 Structure Owners and the Adjacent Owners have to select a Party Wall Surveyor to proceed with dealing with the dispute. The Party Wall Company are typically commissioned to provide recommendations on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally valid. A Party Wall Award is a lawfully binding file in between Building Owners and Adjoining Owners, which has been concurred by the appointed 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 likewise apply to Party Fence Walls.

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