Faulkners Surveyors is an independent firm of building property surveyors that specialise in the
Party Wall etc. Act 1996 acting for Structure Owners, Adjacent Owners and as the Agreed Property Surveyor throughout London and the Home Counties.
Party Wall (WikiPedia)
How The Party Wall etc.
In simple terms, the Party Wall and so on. If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, present no danger of damage to their property, the Adjoining Owners just need to confirm, in writing, that they consent to the works and the Party Wall etc. The second phase would just be activated if the Adjacent Owners had any concerns relating to the Structure Owners’ proposals or chose to neglect the Notification served by the Structure Owners.
A disagreement would then be deemed to have actually occurred and, the framework provided by the Party Wall and so on. At the point of a “disagreement” having developed, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to continue with dealing with the disagreement.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any disagreement arising, Structure Owners and Adjacent Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Business are typically commissioned to offer recommendations on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid. Once appointed, the Surveyors will think about the proposed works and agree a Party Wall Award which would information the building works and how they should be carried out. The rights given within the Party Wall Award undergo the Building Owners making good any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notification?
Structure Owners preparing to carry out any of the works defined within the Party Wall and so on. Act 1996 have a legal responsibility to serve written Notification on any Adjacent Owner who might be affected by the Building Owners proposed works. There is no main template for a Notification. Sufficient information of the proposed works, legal names of all Owners, and when the proposed works will commence are all critical to guarantee the credibility of the Notification.
The case of Lehmann vs Herman (1993) shows the significance of serving a legitimate Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining residential or commercial properties. Mr Herman wanted to fix the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman just served the Notification in his name, Mr and Mrs Lehmann declined to accept the Notification as being valid and argued that as both Mr and Mrs Herman would be related to as Structure Owners under the Act, Mrs Herman ought to likewise be included on the Notification. The dispute wound up in court and the judge agreed with the Lehmanns that the Notice was void.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Structure Owners and Adjacent Owners, which has been concurred by the appointed surveyor( s), authorising the execution of structure work in accordance with the Act. An Arrange of Condition study of the Adjoining Owners residential or commercial property, although not a specific requirement of the Party Wall and so on. Act 1996, is popular and forms a referral document within the Award.
I Currently Have Preparation Permission And/ Or Building Control Approval. Do I Still Required To Follow The Party Wall Act?
If your planned 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 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 considered to be a wall of strong structure that sits astride a limit and not belonging to a building. Therefore, 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 Adjoining Owners are pleased that the Building Owners’ proposed works will be of no trouble or, position no danger of damage to their home, the Adjoining Owners only need to confirm, in writing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having actually emerged, both the Building Owners and the Adjacent Owners have to select a Party Wall Surveyor to continue with solving the dispute. The Party Wall Company are typically commissioned to offer recommendations on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid. A Party Wall Award is a lawfully binding file in between Building Owners and Adjacent Owners, which has been concurred by the appointed 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 also use to Party Fence Walls.
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