We are Party Wall Surveyors specialising in party wall concerns in UK. We have over twenty five years experience of operating in UK, acting for professionals, services, in addition to for individuals.
Each quick is special, and our devoted team of party wall surveyors is experienced in handling all manner of issues connecting to party walls. We are proud to use a bespoke service to match the varying needs of our clients.
This website is developed to supply basic information in addition to using you the opportunity to contact us directly with your problems and requirements, hence enabling our professional Party Wall Surveyors to encourage you appropriately.
The present legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or foundations (including piled foundations).
Our team of Faulkners Surveyors Party Wall Surveyors supplies a distinct specific niche service, which enables you to have the best quality service at competitively priced charges.
For more information contact among our Faulkners Surveyors Party Wall surveyors on 03300100262.
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.
Act 1996 Functions In simplified terms, the Party Wall and so on. Act 1996 can be divided into 2 stages; first of all the Notifying Phase and second of all, if required, the Disputed Stage. The first stage is where the Building Owners have a legal commitment to serve an official Notice detailing the proposed works upon the Adjoining Owners. If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no hassle or, present no threat of damage to their property, the Adjoining Owners only need to verify, in writing, that they consent to the works and the Party Wall and so on. Act 1996 might end there. The second stage would just be triggered if the Adjoining Owners had any concerns associating with the Structure Owners’ propositions or chose to neglect the Notice served by the Structure Owners.
A conflict would then be considered to have actually occurred and, the framework supplied by the Party Wall etc. At the point of a “dispute” having actually developed, both the Building Owners and the Adjoining Owners have to designate a Party Wall Property surveyor to proceed with solving the conflict.
Prior to any dispute arising, Building Owners and Adjoining Owners do not necessarily require the services of a Party Wall Property Surveyor. The Party Wall Business are often commissioned to supply guidance on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally legitimate.
What is a Party Wall Notice?
Structure 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 Notice on any Adjacent Owner who may be impacted by the Structure Owners proposed works. There is no official design template for a Notification. Nevertheless, enough information of the proposed works, legal names of all Owners, and when the proposed works will start are all vital to guarantee the validity of the Notification.
The case of Lehmann vs Herman (1993) reveals the importance of serving a legitimate Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent properties. Mr Herman wished to repair the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. Nevertheless, as Mr Herman just served the Notice 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 Building Owners under the Act, Mrs Herman ought to likewise be included on the Notification. The conflict wound 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 lawfully binding file between Building Owners and Adjacent Owners, which has been agreed by the appointed surveyor( s), authorising the execution of building work in accordance with the Act. A Schedule of Condition survey of the Adjoining Owners property, although not a specific requirement of the Party Wall and so on. Act 1996, is traditional and forms a reference file within the Award.
I Currently Have Preparation Authorization And/ Or Building Control Approval. Do I Still Need To Follow The Party Wall Act?
If your prepared works would be considered notifiable under the Party Wall Act then yes, you would have to follow the treatments set out within the Act. No Regional Authority approval or approval would remove 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 strong structure that sits astride a boundary and not belonging to a structure. Therefore, any works to such walls that would be deemed 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 pleased that the Structure Owners’ proposed works will be of no trouble or, present no risk of damage to their residential or commercial property, the Adjoining Owners just need to verify, in writing, that they consent to the works and the Party Wall etc. At the point of a “conflict” having actually emerged, both the Building Owners and the Adjoining Owners have to designate a Party Wall Surveyor to continue with fixing the conflict. The Party Wall Company are often commissioned to provide recommendations on the Act and to serve the pertinent Party Wall Notices, ensuring they are legally valid. A Party Wall Award is a lawfully binding document in between Building Owners and Adjoining Owners, which has been agreed by the appointed 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 use to Party Fence Walls.
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