Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every aspect essential to encourage upon and deal with Party Wall problems, such as:
- Preparing and serving valid Party Wall Notices
- Acting as the Structure Owners Party Wall 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 professionals and work in accordance with the regulations set down by the Faculty of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to comply with this legislation might lead to works being unlawful.
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.
Act 1996 Works In simple terms, the Party Wall etc. Act 1996 can be divided into two phases; first of all 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 a formal Notification detailing the proposed works upon the Adjoining Owners. If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, position no hazard of damage to their home, the Adjoining Owners only need to validate, in writing, that they grant the works and the Party Wall etc. Act 1996 might end there. The second phase would only be activated if the Adjoining Owners had any issues connecting to the Building Owners’ proposals or chose to neglect the Notice served by the Building Owners.
A dispute would then be deemed to have arisen and, the framework provided by the Party Wall etc. Act 1996 enables a resolution so that the Building Owners could carry out works whilst supplying protection to both celebrations. At the point of a “conflict” having arisen, both the Structure Owners and the Adjoining Owners need to appoint a Party Wall Property surveyor to proceed with solving the conflict. This could be by means of separate surveyor visits or, by agreeing to a single surveyor, called the Agreed Surveyor.
Prior to any conflict occurring, Structure Owners and Adjoining Owners do not necessarily need the services of a Party Wall Property Surveyor. The Party Wall Business are often commissioned to offer suggestions on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully valid.
What is a Party Wall Notice?
Structure Owners planning to carry out any of the works defined within the Party Wall and so on. Act 1996 have a legal obligation to serve written Notification on any Adjoining Owner who might be impacted by the Building Owners proposed works.
Mr Herman wanted to repair the Party Fence Wall that divided the 2 gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman just 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 regarded as Building Owners under the Act, Mrs Herman need to likewise be consisted of on the Notification.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file in between Building Owners and Adjacent Owners, which has actually been agreed by the selected surveyor( s), authorising the execution of building work in accordance with the Act. An Award will likewise mention details of: how the works are to be undertaken; working days and times; measures required to secure the Adjoining Owners property from damage and unneeded hassle; and make provisions for making great or the payment of compensation should harm be triggered. A Schedule of Condition study of the Adjoining Owners home, although not a particular requirement of the Party Wall and so on. Act 1996, is traditional and forms a reference document within the Award. The function of an Arrange of Condition survey is to provide a written and photographic record of the condition of the structure prior to any works commencing. The schedule is then referred to must any damage emerged during or after completion of the works
I Already Have Planning Permission And/ Or Structure Control Approval. Do I Still Required 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 permission or approval would eliminate 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 deemed to be a wall of strong structure that sits astride a limit and not becoming part of a structure. Therefore, any works to such walls that would be considered 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 trouble or, pose no danger of damage to their property, the Adjoining Owners only need to verify, in composing, that they consent to the works and the Party Wall and so on. At the point of a “conflict” having actually arisen, both the Building Owners and the Adjoining Owners have to select a Party Wall Property surveyor to proceed with solving the dispute. The Party Wall Business are typically commissioned to supply recommendations 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 between Building Owners and Adjoining Owners, which has actually been concurred by the appointed 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 also apply to Party Fence Walls.
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