We are Party Wall Surveyors specialising in party wall problems in UK. We have over twenty 5 years experience of working in UK, acting for professionals, organizations, in addition to for individuals.
Each quick is distinct, and our dedicated team of party wall surveyors is experienced in dealing with all manner of issues relating to party walls. We are proud to provide a bespoke service to match the differing needs of our clients.
This website is designed to offer basic details along with offering you the chance to call us directly with your requirements and problems, therefore allowing our expert Party Wall Surveyors to advise you accordingly.
The existing 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, surrounding excavations and/or structures (consisting of piled foundations).
Our group of Faulkners Surveyors Party Wall Surveyors provides a distinct niche service, which allows you to have the very best quality service at competitively priced costs.
For additional information contact among our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
How The Party Wall etc.
In simplistic terms, the Party Wall and so on. If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no inconvenience or, pose no threat of damage to their property, the Adjoining Owners just need to validate, in composing, that they consent to the works and the Party Wall etc. The second phase would just be set off if the Adjoining Owners had any concerns relating to the Structure Owners’ proposals or chose to disregard the Notice served by the Structure Owners.
A disagreement would then be considered to have actually arisen and, the structure offered by the Party Wall and so on. At the point of a “conflict” having actually occurred, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Property surveyor to continue with fixing the disagreement.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any disagreement occurring, Building Owners and Adjacent Owners do not always need the services of a Party Wall Surveyor. Nevertheless, The Party Wall Business are frequently commissioned to supply guidance on the Act and to serve the appropriate Party Wall Notices, ensuring they are lawfully legitimate. When appointed, the Surveyors will think about the proposed works and concur a Party Wall Award which would information the structure works and how they must be undertaken. The rights granted within the Party Wall Award undergo the Structure Owners making good any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notification?
Structure Owners planning to carry out any of the works specified within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notice on any Adjoining Owner who might be impacted by the Building Owners proposed works.
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 homes. Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. Nevertheless, as Mr Herman only served the Notification in his name, Mr and Mrs Lehmann contradicted the Notification as being valid and argued that as both Mr and Mrs Herman would be regarded as Structure Owners under the Act, Mrs Herman must also 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 legally binding document in between Building Owners and Adjoining Owners, which has actually been concurred by the appointed surveyor( s), authorising the execution of structure work in accordance with the Act. A Set up of Condition survey of the Adjoining Owners property, although not a particular requirement of the Party Wall and so on. Act 1996, is customary and forms a reference file within the Award.
I Currently Have Preparation Consent 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 prepared works would be deemed notifiable under the Party Wall Act then yes, you would have to follow the procedures set out within the Act. No Local Authority authorization or approval would get rid of the legal obligation to serve a Party Wall Notice 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 structure. Any works to such walls that would be deemed notifiable under the Party Wall Act would also use to Party Fence Walls. Lumber 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 Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, present no risk of damage to their property, the Adjoining Owners only need to verify, in writing, that they consent to the works and the Party Wall etc. At the point of a “disagreement” having actually arisen, both the Building Owners and the Adjoining Owners have to designate a Party Wall Property surveyor to continue with dealing with the conflict. The Party Wall Company are frequently commissioned to offer guidance on the Act and to serve the pertinent Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a lawfully binding file in between Building Owners and Adjacent Owners, which has actually been concurred by the selected 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 apply to Party Fence Walls.
Around the Web