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Party Wall (WikiPedia)
How The Party Wall etc.
Act 1996 Works In simplified terms, the Party Wall and so on. Act 1996 can be divided into 2 stages; first of all the Notifying Phase and secondly, if needed, the Disputed Stage. The first stage is where the Structure Owners have a legal responsibility to serve an official Notice detailing the proposed works upon the Adjoining Owners. If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no inconvenience or, posture no danger of damage to their home, the Adjoining Owners only need to verify, in writing, that they grant the works and the Party Wall etc. Act 1996 might end there. The 2nd phase would just be activated if the Adjacent Owners had any concerns connecting to the Structure Owners’ proposals or chose to overlook the Notice served by the Building Owners.
A disagreement would then be considered to have developed and, the structure provided by the Party Wall etc. Act 1996 enables a resolution so that the Structure Owners could carry out works whilst providing protection to both celebrations. At the point of a “conflict” having arisen, both the Building Owners and the Adjoining Owners have to select a Party Wall Property surveyor to proceed with dealing with the dispute. This could be by means of different property surveyor appointments or, by agreeing to a single property surveyor, called the Agreed Surveyor.
Party Wall Surveyors are duty 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 Property Surveyor. The Party Wall Business are frequently commissioned to supply guidance on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid. Once designated, the Surveyors will think about the proposed works and concur a Party Wall Award which would detail the building works and how they should be undertaken. The rights granted within the Party Wall Award are subject to the Structure Owners making good any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notice?
Structure Owners preparing to perform any of the works defined within the Party Wall etc. Act 1996 have a legal responsibility to serve written Notice on any Adjacent Owner who may be impacted by the Building Owners proposed works. There is no official template for a Notification. Enough information of the proposed works, legal names of all Owners, and when the proposed works will begin are all crucial to ensure the validity of the Notice.
Mr Herman desired to fix the Party Fence Wall that divided the 2 gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman just served the Notification 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 must likewise be included on the Notice.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file in between Structure Owners and Adjoining Owners, which has actually been concurred by the designated surveyor( s), authorising the execution of building work in accordance with the Act. A Schedule of Condition survey of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall etc. Act 1996, is customary and forms a reference document within the Award.
I Already Have Planning Permission And/ Or Building Control Approval. Do I Still Need 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 procedures set out within the Act. No Local Authority permission or approval would remove the legal commitment 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 becoming part of a structure. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise use 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 boundary or not.
If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, present no danger of damage to their home, the Adjoining Owners just require to confirm, in writing, that they consent to the works and the Party Wall and so on. At the point of a “conflict” having occurred, both the Building Owners and the Adjacent Owners have to select a Party Wall Property surveyor to continue with fixing the disagreement. The Party Wall Company are frequently commissioned to supply advice on the Act and to serve the relevant Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a lawfully binding document in between Structure Owners and Adjoining Owners, which has actually been concurred 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 deemed notifiable under the Party Wall Act would likewise apply to Party Fence Walls.
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