Faulkners Surveyors (Party Wall) was developed in 2010 and has proliferated over the past decade as an expert firm providing professional and devoted services. Our team are dedicated to offering a quality service for affordable and transparent costs.
Our aim is to make the procedure as simplified and smooth as possible by taking all matters forward progressive and in line with the Act. We aim to keep all parties up to date with the process and offer assurance and comfort in the knowledge that certified specialists in Party Wall Matters have actually been selected. The guarantee that our property surveyors are members of the Professors of Party Wall Surveyors and that the company is a recognised RICS company provides a network of security and benefiting factors of the support and backing of governing bodies.
The director of Faulkners Surveyors (Party Wall) is also a chair for the Northern House Counties area of the Faculty of Faulkners Surveyors (Party Wall) whom supplies regular meets to ensure all local property surveyors have access to continuous support and training. This guarantees that we depend on date with appropriate and recent case Law along with general practices and working policies.
Faulkners Surveyors (Party Wall) is therefore not only acknowledged for its professional group and budget-friendly services by clients but also by and within the network of Party Wall Surveyors both in your area and nationally.
Party Wall (WikiPedia)
How The Party Wall etc.
Act 1996 Works In simplistic terms, the Party Wall etc. Act 1996 can be divided into two phases; firstly the Notifying Phase and second of all, if required, the Disputed Stage. The first stage is where the Building Owners have a legal responsibility to serve a formal Notification detailing the proposed works upon the Adjacent Owners. If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no hassle or, pose no danger of damage to their residential or commercial property, the Adjoining Owners only require to verify, in composing, that they grant the works and the Party Wall etc. Act 1996 could end there. The 2nd stage would just be triggered if the Adjacent Owners had any issues associating with the Building Owners’ propositions or picked to disregard the Notice served by the Building Owners.
A dispute would then be considered to have actually arisen and, the structure provided by the Party Wall etc. At the point of a “conflict” having actually developed, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to proceed with solving the conflict.
Prior to any dispute occurring, Building Owners and Adjoining Owners do not always require the services of a Party Wall Surveyor. The Party Wall Company are typically commissioned to supply suggestions on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally legitimate.
What is a Party Wall Notice?
Structure Owners planning to perform any of the works specified within the Party Wall etc. Act 1996 have a legal obligation to serve written Notice on any Adjoining Owner who may be affected by the Structure Owners proposed works. There is no main design template for a Notice. Nevertheless, sufficient detail of the proposed works, legal names of all Owners, and when the proposed works will start are all vital to ensure the validity of the Notification.
The case of Lehmann vs Herman (1993) reveals the importance of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent 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 just 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 regarded as Structure Owners under the Act, Mrs Herman should likewise be included on the Notice. The disagreement 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 in between Building Owners and Adjacent Owners, which has actually been agreed by the appointed property surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will likewise mention details of: how the works are to be undertaken; working times and days; procedures required to safeguard the Adjoining Owners property from damage and unneeded inconvenience; and make provisions for making great or the payment of payment should harm be triggered. A Set up of Condition study of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall etc. Act 1996, is popular and forms a reference file within the Award. The purpose of a Schedule of Condition study is to offer a written and photographic record of the condition of the building prior to any works beginning. The schedule is then referred to needs to any damage emerged throughout or after conclusion of the works
I Currently Have Preparation Approval And/ Or Building 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 permission or approval would eliminate the legal responsibility 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 solid structure that sits astride a border and not belonging to a building. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise apply to Party Fence Walls. Lumber 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 Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, posture no hazard of damage to their home, the Adjoining Owners just need to verify, in composing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having actually occurred, both the Building Owners and the Adjacent Owners have to select a Party Wall Surveyor to continue with resolving the disagreement. The Party Wall Company are typically commissioned to supply guidance on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a legally binding file in between Building Owners and Adjacent Owners, which has actually been agreed by the designated 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 also apply to Party Fence Walls.
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