The Faulkners Surveyors is an expert Chartered Building Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all aspects of the Party Wall and so on. Act 1996 and provides the following services:
Objective recommendations on all Party Wall Matters
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Surveyor for either Adjacent Owners or Building Owners
Acting as the Agreed Party Wall Property Surveyor
Undertaking Schedules of Condition surveys
Preparation and settlement of Party Wall Awards (Contracts).
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 Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no hassle or, present no hazard of damage to their property, the Adjoining Owners just need to verify, in composing, that they consent to the works and the Party Wall and so on. The second stage would only be set off if the Adjoining Owners had any issues relating to the Structure Owners’ proposals or selected to ignore the Notification served by the Structure Owners.
A disagreement would then be considered to have developed and, the framework offered by the Party Wall and so on. At the point of a “disagreement” having arisen, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Surveyor to proceed with resolving the disagreement.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any disagreement developing, Building Owners and Adjacent Owners do not always require the services of a Party Wall Surveyor. However, The Party Wall Business are frequently commissioned to supply recommendations on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally legitimate. Once appointed, the Surveyors will think about the proposed works and concur a Party Wall Award which would information the building works and how they should be undertaken. The rights given within the Party Wall Award are subject to the Building Owners making great any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notification?
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 Adjacent Owner who may be affected by the Structure Owners proposed works.
The case of Lehmann vs Herman (1993) reveals the value of serving a legitimate Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining properties. Mr Herman wanted to fix the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. Nevertheless, as Mr Herman just served the Notification in his name, Mr and Mrs Lehmann contradicted the Notice as standing and argued that as both Mr and Mrs Herman would be considered as Building Owners under the Act, Mrs Herman ought to also be included on the Notification. The conflict ended 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 lawfully binding document in between Building Owners and Adjacent Owners, which has been concurred by the selected surveyor( s), authorising the execution of building work in accordance with the Act. An Award will also mention information of: how the works are to be carried out; working times and days; measures required to safeguard the Adjoining Owners property from damage and unnecessary inconvenience; and make provisions for making great or the payment of compensation must harm be triggered. A Schedule of Condition study of the Adjoining Owners home, although not a specific requirement of the Party Wall and so on. Act 1996, is customary and forms a reference file within the Award. The function of a Schedule of Condition survey is to supply a composed and photographic record of the condition of the structure prior to any works beginning. The schedule is then referred to ought to any damage come to light during or after completion of the works
I Currently Have Planning Authorization And/ Or Building 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 Nation Planning Act 1990 or the Structure Act 1984. 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 Regional Authority authorization 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 deemed to be a wall of strong structure that sits astride a border and not belonging to a structure. For that reason, any works to such walls that would be considered notifiable under the Party Wall Act would likewise apply 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 border or not.
If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no hassle or, posture no danger of damage to their residential or commercial property, the Adjoining Owners only require to confirm, in composing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having emerged, both the Structure Owners and the Adjoining Owners have to select a Party Wall Surveyor to continue with resolving the disagreement. The Party Wall Company are often commissioned to offer guidance on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully valid. A Party Wall Award is a lawfully binding document between Structure Owners and Adjacent Owners, which has been agreed by the selected 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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