The Faulkners Surveyors is an expert Chartered Building Surveying Practice that runs throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall etc. Act 1996 and offers the following services:
Objective advice on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Surveyor for either Adjacent Owners or Structure Owners
Acting as the Agreed Party Wall Surveyor
Carrying Out Schedules of Condition studies
Preparation and negotiation of Party Wall Awards (Contracts).
Party Wall (WikiPedia)
How The Party Wall etc.
Act 1996 Works In simple terms, the Party Wall and so on. Act 1996 can be split into two phases; first of all the Notifying Stage and second of all, if required, the Disputed Phase. The first stage is where the Building Owners have a legal responsibility to serve a formal Notice detailing the proposed works upon the Adjoining Owners. If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, position no danger of damage to their home, the Adjoining Owners just need to confirm, in writing, that they grant the works and the Party Wall etc. Act 1996 might end there. The second phase would only be triggered if the Adjacent Owners had any issues connecting to the Building Owners’ proposals or selected to ignore the Notice served by the Structure Owners.
A disagreement would then be deemed to have occurred and, the structure provided by the Party Wall and so on. Act 1996 enables a resolution so that the Building Owners might undertake works whilst offering defense to both celebrations. At the point of a “dispute” having arisen, both the Structure Owners and the Adjoining Owners have to select a Party Wall Property surveyor to proceed with dealing with the dispute. This could be via different surveyor appointments or, by accepting a single property surveyor, called the Agreed Property surveyor.
Prior to any disagreement emerging, Building Owners and Adjoining Owners do not always need the services of a Party Wall Surveyor. The Party Wall Business are often commissioned to supply suggestions on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally valid.
What is a Party Wall Notice?
Building Owners preparing to carry out any of the works specified within the Party Wall and so on. Act 1996 have a legal responsibility to serve written Notification on any Adjacent Owner who may be impacted by the Structure 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 adjoining residential or commercial properties. Mr Herman wanted to fix the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. However, as Mr Herman just served the Notice in his name, Mr and Mrs Lehmann contradicted the Notice as being valid and argued that as both Mr and Mrs Herman would be regarded as Structure Owners under the Act, Mrs Herman need to likewise be included on the Notification. The disagreement wound 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 file in between Structure Owners and Adjacent Owners, which has actually been agreed by the designated property surveyor( s), authorising the execution of structure work in accordance with the Act. An Arrange of Condition survey of the Adjoining Owners property, although not a specific requirement of the Party Wall etc. Act 1996, is customary and forms a recommendation document within the Award.
I Already Have Planning Permission And/ Or Structure 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 procedures set out within the Act. No Local Authority approval or approval would eliminate the legal commitment 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 solid structure that sits astride a boundary and not being part of a building. 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 limit or not.
If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, position no hazard of damage to their home, the Adjoining Owners just need to validate, in composing, that they consent to the works and the Party Wall etc. At the point of a “conflict” having actually emerged, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to continue with fixing the disagreement. The Party Wall Business are often commissioned to provide advice on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully legitimate. A Party Wall Award is a legally binding file between Building Owners and Adjacent Owners, which has actually been concurred by the appointed property 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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