The Faulkners Surveyors is a specialist Chartered Structure Surveying Practice that runs throughout UK. The Faulkners Surveyors undertakes all elements of the Party Wall etc. Act 1996 and offers the following services:
Unbiased guidance on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjacent Owners or Building Owners
Acting as the Agreed Party Wall Property Surveyor
Carrying Out Schedules of Condition studies
Preparation and negotiation of Party Wall Awards (Agreements).
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 Works In simplistic terms, the Party Wall etc. Act 1996 can be split into 2 stages; to start with the Notifying Stage and second of all, if needed, the Disputed Phase. The first stage is where the Structure Owners have a legal obligation to serve an official Notification detailing the proposed works upon the Adjoining Owners. If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, position 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. Act 1996 might end there. The 2nd stage would only be triggered if the Adjoining Owners had any issues associating with the Building Owners’ proposals or selected to ignore the Notification served by the Structure Owners.
A disagreement would then be deemed to have arisen and, the framework offered by the Party Wall and so on. Act 1996 makes it possible for a resolution so that the Building Owners might undertake works whilst offering protection to both parties. At the point of a “disagreement” having actually developed, both the Structure Owners and the Adjoining Owners have to select a Party Wall Property surveyor to proceed with dealing with the dispute. This could be via different property surveyor appointments or, by consenting to a single property surveyor, called the Agreed Property surveyor.
Prior to any disagreement arising, Building Owners and Adjacent Owners do not always need the services of a Party Wall Surveyor. The Party Wall Business are typically commissioned to offer suggestions on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully legitimate.
What is a Party Wall Notification?
Building Owners planning to perform any of the works defined within the Party Wall etc. Act 1996 have a legal obligation to serve written Notice on any Adjoining Owner who may be impacted by the Structure Owners proposed works. There is no official template for a Notice. Nevertheless, enough detail of the proposed works, legal names of all Owners, and when the proposed works will begin are all important to guarantee the credibility of the Notification.
Mr Herman desired to repair the Party Fence Wall that divided the 2 gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman only served the Notification 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 regarded as Building Owners under the Act, Mrs Herman ought to also be consisted of on the Notification.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Structure Owners and Adjacent Owners, which has actually been concurred by the selected property surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will likewise specify information of: how the works are to be undertaken; working times and days; procedures required to safeguard the Adjoining Owners home from damage and unnecessary trouble; and make provisions for making great or the payment of payment need to harm be caused. An Arrange of Condition survey of the Adjoining Owners residential or commercial property, although not a specific requirement of the Party Wall and so on. Act 1996, is traditional and forms a recommendation document within the Award. The function of a Set up 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 come to light throughout or after conclusion of the works
I Currently Have Preparation Authorization 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 authorization or approval would eliminate 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 solid structure that sits astride a boundary and not being part of a building. Therefore, any works to such walls that would be considered notifiable under the Party Wall Act would likewise apply to Party Fence Walls. Wood fencing, precast concrete posts with infill panel fencing, etc would not be considered to be a Party Fence Wall, whether astride a limit or not.
If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, posture no risk of damage to their residential or commercial property, the Adjoining Owners only require to verify, in composing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having actually developed, both the Building Owners and the Adjacent Owners have to select a Party Wall Property surveyor to continue with dealing with the conflict. The Party Wall Company are frequently commissioned to provide guidance on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully legitimate. A Party Wall Award is a lawfully binding file in between Structure Owners and Adjoining Owners, which has been concurred by the selected property surveyor( s), authorising the execution of building 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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