Faulkners Surveyors is an independent company of building surveyors that specialise in the
Party Wall etc. Act 1996 acting for Building Owners, Adjacent Owners and as the Agreed Property Surveyor throughout London and the House Counties.
Party Wall (WikiPedia)
How The Party Wall etc.
In simplified terms, the Party Wall etc. If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, position no risk of damage to their home, the Adjoining Owners only require to verify, in composing, that they consent to the works and the Party Wall etc. The second stage would only be set off if the Adjoining Owners had any concerns relating to the Structure Owners’ proposals or chose to overlook the Notification served by the Building Owners.
A disagreement would then be deemed to have emerged and, the framework provided by the Party Wall etc. Act 1996 allows a resolution so that the Building Owners might undertake works whilst providing security to both parties. At the point of a “dispute” having emerged, both the Structure Owners and the Adjacent Owners have to select a Party Wall Property surveyor to proceed with fixing the dispute. This could be through different surveyor visits or, by accepting a single surveyor, called the Agreed Property surveyor.
Prior to any dispute emerging, Structure Owners and Adjacent Owners do not necessarily need the services of a Party Wall Property Surveyor. The Party Wall Business are often commissioned to offer suggestions on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully legitimate.
What is a Party Wall Notification?
Structure Owners preparing to bring out any of the works specified within the Party Wall etc. Act 1996 have a legal obligation to serve written Notice on any Adjacent Owner who may be impacted by the Building Owners proposed works.
Mr Herman desired to repair the Party Fence Wall that divided the 2 gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman only served the Notice in his name, Mr and Mrs Lehmann refused to accept the Notification as being valid and argued that as both Mr and Mrs Herman would be concerned as Building Owners under the Act, Mrs Herman ought to also be consisted of on the Notification.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding document in between Building Owners and Adjacent Owners, which has been concurred by the selected surveyor( s), authorising the execution of building operate in accordance with the Act. An Award will likewise specify information of: how the works are to be undertaken; working times and days; measures required to protect the Adjoining Owners home from damage and unnecessary hassle; and make provisions for making good or the payment of compensation ought to harm be caused. 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 referral file within the Award. The purpose of an Arrange of Condition study is to offer a composed and photographic record of the condition of the structure prior to any works commencing. The schedule is then described must any damage come to light throughout or after completion of the works
I Currently Have Planning Permission And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
If your prepared 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 consent or approval would eliminate the legal responsibility 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 deemed to be a wall of strong structure that sits astride a border and not becoming part of a building. For that reason, any works to such walls that would be deemed notifiable under the Party Wall Act would likewise 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 boundary or not.
If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, present no danger of damage to their residential or commercial property, the Adjoining Owners only need to validate, in composing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having arisen, both the Structure Owners and the Adjacent Owners have to designate a Party Wall Surveyor to proceed with dealing with the conflict. The Party Wall Company are often commissioned to supply guidance on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully valid. A Party Wall Award is a lawfully binding file in between Structure Owners and Adjacent Owners, which has been concurred by the selected property 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 use to Party Fence Walls.
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