The Faulkners Surveyors is a specialist Chartered Building Surveying Practice that operates throughout UK. The Faulkners Surveyors carries out all aspects of the Party Wall etc. Act 1996 and provides the following services:
Neutral advice on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Surveyor for either Adjacent Owners or Building Owners
Acting as the Agreed Party Wall Surveyor
Undertaking Schedules of Condition surveys
Preparation and settlement of Party Wall Awards (Contracts).
Party Wall (WikiPedia)
How The Party Wall and so on.
In simplified terms, the Party Wall etc. If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, pose no risk of damage to their property, the Adjoining Owners just need to confirm, in composing, that they consent to the works and the Party Wall and so on. The 2nd phase would just be activated if the Adjoining Owners had any issues relating to the Structure Owners’ propositions or selected to overlook the Notification served by the Structure Owners.
A dispute would then be considered to have occurred and, the structure offered by the Party Wall etc. Act 1996 enables a resolution so that the Building Owners might carry out works whilst offering security to both parties. At the point of a “disagreement” having actually occurred, both the Building Owners and the Adjoining Owners need to appoint a Party Wall Property surveyor to proceed with resolving the conflict. This could be via separate surveyor appointments or, by consenting to a single property surveyor, called the Agreed Surveyor.
Prior to any dispute arising, Building Owners and Adjoining Owners do not necessarily need the services of a Party Wall Surveyor. The Party Wall Company are typically commissioned to provide recommendations on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully valid.
What is a Party Wall Notification?
Structure Owners preparing to carry out any of the works defined within the Party Wall etc. Act 1996 have a legal commitment to serve written Notice on any Adjoining Owner who might be impacted by the Building Owners proposed works. There is no main template for a Notice. Enough detail of the proposed works, legal names of all Owners, and when the proposed works will start are all vital to make sure the credibility of the Notice.
Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman only served the Notice in his name, Mr and Mrs Lehmann refused to accept the Notice as being legitimate and argued that as both Mr and Mrs Herman would be related to as Building Owners under the Act, Mrs Herman should also be included on the Notice.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding document in between Structure Owners and Adjoining Owners, which has actually been concurred by the designated property surveyor( s), authorising the execution of structure work in accordance with the Act. An Award will also state information of: how the works are to be undertaken; working times and days; procedures required to protect the Adjoining Owners property from damage and unneeded hassle; and make provisions for making good or the payment of settlement ought to harm be caused. An Arrange of Condition survey of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall and so on. Act 1996, is popular and forms a recommendation file within the Award. The purpose of a Schedule of Condition survey is to provide a composed and photographic record of the condition of the building prior to any works beginning. The schedule is then referred to must any damage emerged throughout or after completion of the works
I Already Have Preparation Permission And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a completely different 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 Local 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 border and not belonging to a structure. For that reason, any works to such walls that would be considered 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 considered to be a Party Fence Wall, whether astride a border or not.
If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no trouble or, present no threat of damage to their home, the Adjoining Owners just need to verify, in composing, that they consent to the works and the Party Wall etc. At the point of a “conflict” having actually occurred, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to proceed with resolving the conflict. The Party Wall Company are frequently commissioned to provide advice on the Act and to serve the relevant Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a lawfully binding document in between Structure Owners and Adjacent Owners, which has been concurred by the appointed property 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 use to Party Fence Walls.
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