Faulkners Surveyors offer a series of building surveying services specialising in Party Wall Solutions.

We pride ourselves on our versatility and individual participation towards our customers requirements. Faulkners Surveyors are a broadening team of property surveyors with a wealth of proficiency, skill and experience. Then call Faulkners Surveyors for an informative chat, if you are looking for an expert yet flexible technique to all your property matters.

Our surveyors are controlled by the Professors of Party Wall Surveyors and carry expert indemnity insurance coverage to cover their work.

Party Wall (WikiPedia)

Usually, the building contractor lays the wall along a property line dividing 2 terraced houses, so that one half of the wall surface’s thickness exists on each side. This kind of wall surface is normally architectural. Party walls can also be developed by 2 abutting wall surfaces constructed at various times.

Party Wall act

How The Party Wall and so on.

In simplistic terms, the Party Wall etc. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no trouble or, posture no threat of damage to their residential or commercial property, the Adjoining Owners only need to confirm, in writing, that they consent to the works and the Party Wall and so on. The second phase would only be triggered if the Adjacent Owners had any concerns relating to the Building Owners’ propositions or selected to disregard the Notification served by the Building Owners.
A dispute would then be considered to have actually occurred and, the framework offered by the Party Wall and so on. Act 1996 enables a resolution so that the Structure Owners could undertake works whilst supplying defense to both celebrations. At the point of a “dispute” having actually developed, both the Building Owners and the Adjacent Owners need to designate a Party Wall Surveyor to proceed with dealing with the disagreement. This could be through separate surveyor consultations or, by accepting a single surveyor, called the Agreed Property surveyor.
Party Wall Surveyors are duty bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any disagreement developing, Structure Owners and Adjoining Owners do not always require the services of a Party Wall Surveyor. The Party Wall Business are typically commissioned to provide guidance on the Act and to serve the relevant Party Wall Notices, guaranteeing they are lawfully legitimate. As soon as designated, the Surveyors will consider the proposed works and agree a Party Wall Award which would detail the structure works and how they need to be carried out. The rights granted within the Party Wall Award are subject to 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 preparing to carry out any of the works specified within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notification on any Adjoining Owner who may be affected by the Building Owners proposed works.
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 residential or commercial properties. 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 Notice in his name, Mr and Mrs Lehmann refused to accept the Notice as being valid and argued that as both Mr and Mrs Herman would be considered as Building Owners under the Act, Mrs Herman need to likewise be included on the Notification. The disagreement ended up in court and the judge agreed with the Lehmanns that the Notice was void.

What is a Party Wall Award?

A Party Wall Award is a legally binding document in between Building Owners and Adjacent Owners, which has been concurred by the designated surveyor( s), authorising the execution of structure work in accordance with the Act. An Arrange of Condition study of the Adjoining Owners residential or commercial property, although not a specific requirement of the Party Wall etc. Act 1996, is customary and forms a reference file within the Award.

I Already Have Preparation Consent And/ Or Building Control Approval. Do I Still Need To Follow The Party Wall Act?

The Party Wall and so on. Act 1996 is a completely separate piece of statute legislation to the Town and Country Preparation Act 1990 or the Building Act 1984. 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 Regional Authority permission 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 considered to be a wall of solid structure that sits astride a boundary and not being part of a structure. Therefore, any works to such walls that would be considered notifiable under the Party Wall Act would also apply to Party Fence Walls. Lumber 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 Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, pose no hazard of damage to their home, the Adjoining Owners only need to confirm, in writing, that they consent to the works and the Party Wall and so on. At the point of a “conflict” having occurred, both the Structure Owners and the Adjoining Owners have to select a Party Wall Surveyor to continue with dealing with the conflict. The Party Wall Business are typically commissioned to offer advice on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully legitimate. A Party Wall Award is a legally binding file in between Building Owners and Adjacent Owners, which has actually been concurred by the designated 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 likewise apply to Party Fence Walls.

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