Faulkners Surveyors As qualified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every aspect required to recommend upon and resolve 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 negotiation of Party Wall Awards
All our Party Wall Surveyors are experts and operate in accordance with the regulations set down by the Faculty of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to comply with this legislation may lead to works being illegal.
Party Wall (WikiPedia)
How The Party Wall and so on.
In simplified terms, the Party Wall and so on. If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, pose no threat of damage to their property, the Adjoining Owners just require to verify, in composing, that they consent to the works and the Party Wall and so on. The 2nd phase would just be activated if the Adjoining Owners had any issues relating to the Building Owners’ propositions or chose to overlook the Notification served by the Structure Owners.
A dispute would then be deemed to have occurred and, the framework provided by the Party Wall etc. At the point of a “dispute” having actually developed, both the Structure Owners and the Adjoining Owners have to select a Party Wall Surveyor to continue with resolving the conflict.
Party Wall Surveyors are duty bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any conflict occurring, Building Owners and Adjacent Owners do not necessarily need the services of a Party Wall Property Surveyor. Nevertheless, The Party Wall Company are often commissioned to supply guidance on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully legitimate. When appointed, the Surveyors will consider the proposed works and agree a Party Wall Award which would information the structure works and how they ought to be carried out. The rights approved within the Party Wall Award are subject to the Building Owners making good any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notice?
Building Owners preparing to carry out any of the works defined within the Party Wall etc. Act 1996 have a legal responsibility to serve written Notification on any Adjoining Owner who may be affected by the Structure Owners proposed works. There is no main design template for a Notice. Nevertheless, enough 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) reveals the value of serving a valid Notice. 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 Notification on Mr and Mrs Lehmann. Nevertheless, as Mr Herman only served the Notice in his name, Mr and Mrs Lehmann refused to accept the Notice as standing and argued that as both Mr and Mrs Herman would be regarded as Structure Owners under the Act, Mrs Herman ought to also be consisted of on the Notice. 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 legally binding document in between Structure Owners and Adjacent Owners, which has actually been concurred by the designated 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 specific requirement of the Party Wall and so on. Act 1996, is popular and forms a recommendation document within the Award.
I Currently Have Preparation Approval And/ Or Building Control Approval. Do I Still Required To Follow The Party Wall Act?
If your prepared 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 Regional Authority authorization or approval would eliminate 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 deemed to be a wall of strong structure that sits astride a boundary and not belonging to a building. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise use 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 Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, pose no danger of damage to their home, the Adjoining Owners only need to validate, in writing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having occurred, both the Structure Owners and the Adjoining Owners have to select a Party Wall Surveyor to continue with resolving the dispute. The Party Wall Business are typically commissioned to offer guidance on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally legitimate. A Party Wall Award is a lawfully binding file in between Structure 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. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise apply to Party Fence Walls.
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