The Faulkners Surveyors is a specialist Chartered Building Surveying Practice that runs throughout UK. The Faulkners Surveyors carries out all aspects of the Party Wall and so on. Act 1996 and offers the following services:
Impartial suggestions on all Party Wall Matters
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Surveyor for either Adjoining Owners or Structure Owners
Acting as the Agreed Party Wall Property Surveyor
Carrying Out Schedules of Condition studies
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 etc.
In simple terms, the Party Wall and so on. If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, present no threat of damage to their property, the Adjoining Owners just require to verify, in writing, that they consent to the works and the Party Wall and so on. The second stage would just be activated if the Adjacent Owners had any concerns relating to the Building Owners’ propositions or selected to ignore the Notification served by the Structure Owners.
A conflict would then be deemed to have occurred and, the framework offered by the Party Wall etc. Act 1996 enables a resolution so that the Structure Owners might undertake works whilst providing defense to both celebrations. At the point of a “conflict” having occurred, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Surveyor to proceed with fixing the disagreement. This could be via separate surveyor appointments or, by consenting to a single surveyor, called the Agreed Property surveyor.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any conflict developing, Building Owners and Adjoining Owners do not necessarily need the services of a Party Wall Property Surveyor. The Party Wall Business are frequently commissioned to offer guidance on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid. When designated, the Surveyors will think about the proposed works and agree a Party Wall Award which would information the building works and how they ought to be carried out. The rights given within the Party Wall Award go through the Structure Owners making great any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notification?
Building Owners planning 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 Adjoining Owner who may be affected by the Building Owners proposed works. There is no main template for a Notice. Nevertheless, sufficient information of the proposed works, legal names of all Owners, and when the proposed works will start are all important to make sure the validity of the Notice.
The case of Lehmann vs Herman (1993) reveals the value of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining homes. Mr Herman wished 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 Notification as standing and argued that as both Mr and Mrs Herman would be regarded as Structure Owners under the Act, Mrs Herman ought to likewise be included on the Notification. The dispute ended up in court and the judge agreed with the Lehmanns that the Notice was invalid.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Building Owners and Adjoining Owners, which has actually been agreed by the designated property surveyor( s), authorising the execution of building work in accordance with the Act. A Schedule of Condition survey of the Adjoining Owners home, although not a particular requirement of the Party Wall etc. Act 1996, is traditional and forms a referral file within the Award.
I Currently Have Planning Consent And/ Or Structure Control Approval. Do I Still Need 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 treatments set out within the Act. No Local Authority consent or approval would remove 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 border and not being part of a structure. Any works to such walls that would be deemed notifiable under the Party Wall Act would also apply to Party Fence Walls. Wood 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 Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, present no risk of damage to their residential or commercial property, the Adjoining Owners only need to validate, in writing, that they consent to the works and the Party Wall etc. At the point of a “disagreement” having arisen, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to proceed with dealing with the disagreement. The Party Wall Business are frequently commissioned to offer 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 Building Owners and Adjoining Owners, which has 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 deemed notifiable under the Party Wall Act would also use to Party Fence Walls.
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