The Faulkners Surveyors is a specialist Chartered Building Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all aspects of the Party Wall etc. Act 1996 and offers the following services:
Neutral advice on all Party Wall Matters
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjacent Owners or Building Owners
Acting as the Agreed Party Wall Property Surveyor
Undertaking Schedules of Condition surveys
Preparation and negotiation of Party Wall Awards (Arrangements).
Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall, also known as common wall or as a demising wall) is a dividing partition between two adjoining buildings that is shared by the occupants of each residence or business. Typically, the builder lays the wall along a property line dividing two terraced houses, so that one half of the wall’s thickness lies on each side. This type of wall is usually structural. Party walls can also be formed by two abutting walls built at different times. The term can be also used to describe a division between separate units within a multi-unit apartment complex. Very often the wall in this case is non-structural but designed to meet established criteria for sound and/or fire protection, i.e. a firewall.
How The Party Wall and so on.
In simplified terms, the Party Wall etc. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no trouble or, present no hazard of damage to their home, the Adjoining Owners just require to validate, in writing, that they consent to the works and the Party Wall etc. The second stage would just be set off if the Adjoining Owners had any issues relating to the Structure Owners’ proposals or picked to overlook the Notification served by the Structure Owners.
A dispute would then be considered to have arisen and, the structure offered by the Party Wall etc. Act 1996 enables a resolution so that the Structure Owners could carry out works whilst supplying protection to both parties. At the point of a “dispute” having arisen, both the Structure Owners and the Adjoining Owners have to select a Party Wall Surveyor to proceed with dealing with the conflict. This could be through different property surveyor visits or, by consenting to a single surveyor, called the Agreed Property surveyor.
Prior to any disagreement arising, Structure Owners and Adjoining Owners do not always require the services of a Party Wall Surveyor. The Party Wall Business are often commissioned to offer guidance on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally valid.
What is a Party Wall Notification?
Building Owners preparing to perform any of the works specified within the Party Wall and so on. Act 1996 have a legal obligation to serve written Notice on any Adjoining Owner who might be affected by the Structure Owners proposed works. There is no official design template for a Notification. Adequate detail of the proposed works, legal names of all Owners, and when the proposed works will commence are all vital to ensure the credibility of the Notice.
The case of Lehmann vs Herman (1993) shows the value 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 Notification on Mr and Mrs Lehmann. Nevertheless, as Mr Herman only served the Notification 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 considered as Structure Owners under the Act, Mrs Herman need to likewise be consisted of on the Notice. The conflict ended up in court and the judge agreed with the Lehmanns that the Notification was invalid.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Structure Owners and Adjacent Owners, which has actually been agreed by the appointed surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will also specify details of: how the works are to be carried out; working times and days; measures needed to protect the Adjoining Owners residential or commercial property from damage and unnecessary hassle; and make provisions for making good or the payment of compensation should damage be caused. A Schedule of Condition survey of the Adjoining Owners home, although not a particular requirement of the Party Wall and so on. Act 1996, is popular and forms a reference document within the Award. The purpose of a Set up of Condition survey is to offer a composed and photographic record of the condition of the structure prior to any works starting. The schedule is then described needs to any damage come to light during or after completion of the works
I Currently Have Preparation Consent And/ Or Structure Control Approval. Do I Still Need 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 Structure Act 1984. For that reason, if your prepared works would be deemed notifiable under the Party Wall Act then yes, you would need to follow the procedures set out within the Act. No Regional Authority approval or approval would get rid of 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 solid structure that sits astride a border and not belonging to a building. Any works to such walls that would be considered 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 deemed to be a Party Fence Wall, whether astride a limit or not.
If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no trouble or, present no danger of damage to their property, the Adjoining Owners just need to confirm, 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 Adjoining Owners have to appoint a Party Wall Property surveyor to proceed with resolving the conflict. The Party Wall Company are often commissioned to provide advice on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully valid. A Party Wall Award is a legally binding file in between Building Owners and Adjoining Owners, which has actually been concurred by the appointed 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 likewise use to Party Fence Walls.
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