- Preparing and serving legitimate Party Wall Notices
- Acting as the Building Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are experts and operate in accordance with the policies set down by the Faculty of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to adhere to this legislation may result in works being illegal.
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 and so on.
In simplistic terms, the Party Wall and so on. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, pose no hazard of damage to their property, the Adjoining Owners just require to confirm, in writing, that they consent to the works and the Party Wall and so on. The 2nd stage would just be activated if the Adjoining Owners had any issues relating to the Building Owners’ propositions or selected to ignore the Notice served by the Structure Owners.
A disagreement would then be considered to have actually developed and, the structure provided by the Party Wall and so on. At the point of a “conflict” having arisen, both the Building Owners and the Adjoining Owners have to select a Party Wall Property surveyor to continue with fixing the dispute.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any conflict arising, Structure Owners and Adjacent Owners do not always require the services of a Party Wall 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. Once designated, the Surveyors will think about the proposed works and concur a Party Wall Award which would detail the building works and how they need to be undertaken. 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 good.
What is a Party Wall Notification?
Building Owners planning to bring out any of the works defined within the Party Wall etc. Act 1996 have a legal obligation to serve written Notification on any Adjacent Owner who might be impacted by the Building Owners proposed works.
The case of Lehmann vs Herman (1993) shows the significance of serving a legitimate Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent homes. Mr Herman wished to repair the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman only served the Notice in his name, Mr and Mrs Lehmann refused to accept the Notification as being legitimate and argued that as both Mr and Mrs Herman would be concerned 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 legally binding file in between Structure Owners and Adjoining Owners, which has actually been concurred by the designated surveyor( s), authorising the execution of structure work in accordance with the Act. A Schedule of Condition study of the Adjoining Owners property, although not a specific requirement of the Party Wall and so on. Act 1996, is popular and forms a reference document within the Award.
I Already Have Planning Authorization And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall etc. Act 1996 is a totally separate piece of statute legislation to the Town and Nation Planning Act 1990 or the Structure Act 1984. Therefore, if your planned 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 Regional Authority permission or approval would eliminate the legal obligation 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 considered to be a wall of solid structure that sits astride a boundary and not being part of a structure. Any works to such walls that would be considered 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 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, pose no risk of damage to their home, the Adjoining Owners just require to verify, in writing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having arisen, both the Building Owners and the Adjacent Owners have to designate a Party Wall Surveyor to continue with fixing the disagreement. The Party Wall Company are typically commissioned to offer suggestions on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally legitimate. A Party Wall Award is a lawfully binding document in between Structure Owners and Adjoining Owners, which has been concurred by the selected surveyor( s), authorising the execution of structure work in accordance with the Act. Any works to such walls that would be considered notifiable under the Party Wall Act would likewise apply to Party Fence Walls.
Around the Web