Faulkners Surveyors is an independent company of structure property surveyors that specialise in the
Party Wall etc. Act 1996 acting for Structure Owners, Adjoining Owners and as the Agreed Surveyor throughout London and the Home Counties.
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 Functions In simplistic terms, the Party Wall and so on. Act 1996 can be divided into two phases; first of all the Notifying Phase and secondly, if needed, the Disputed Phase. The first stage is where the Building Owners have a legal responsibility to serve a formal Notification detailing the proposed works upon the Adjoining Owners. 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 home, the Adjoining Owners just need to verify, in writing, that they consent to the works and the Party Wall etc. Act 1996 might end there. The 2nd phase would only be set off if the Adjoining Owners had any issues relating to the Structure Owners’ proposals or chose to ignore the Notice served by the Structure Owners.
A conflict would then be deemed to have arisen and, the structure offered by the Party Wall etc. At the point of a “dispute” having actually developed, both the Structure Owners and the Adjoining Owners have to select a Party Wall Surveyor to proceed with fixing the conflict.
Prior to any disagreement arising, Building Owners and Adjacent Owners do not necessarily need the services of a Party Wall Surveyor. The Party Wall Business are often commissioned to offer recommendations on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully valid.
What is a Party Wall Notification?
Building Owners planning to perform any of the works defined within the Party Wall and so on. Act 1996 have a legal obligation to serve written Notification on any Adjacent Owner who may be impacted by the Structure Owners proposed works. There is no main design template for a Notification. Nevertheless, adequate information of the proposed works, legal names of all Owners, and when the proposed works will commence are all crucial to ensure the credibility of the Notice.
The case of Lehmann vs Herman (1993) shows the value of serving a valid Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent homes. Mr Herman wanted to fix the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. However, as Mr Herman just served the Notice in his name, Mr and Mrs Lehmann refused to accept the Notification as standing and argued that as both Mr and Mrs Herman would be considered as Building Owners under the Act, Mrs Herman must also be consisted of on the Notification. The disagreement ended up in court and the judge agreed with the Lehmanns that the Notification was void.
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 selected property surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will likewise mention information of: how the works are to be carried out; working times and days; procedures required to safeguard the Adjoining Owners home from damage and unnecessary trouble; and make provisions for making good or the payment of compensation ought to damage be triggered. An Arrange of Condition study of the Adjoining Owners home, although not a specific requirement of the Party Wall etc. Act 1996, is popular and forms a recommendation file within the Award. The purpose of an Arrange of Condition study is to offer a composed 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 completion of the works
I Currently Have Planning Authorization 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 procedures set out within the Act. No Regional Authority authorization or approval would get rid of the legal commitment 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 border and not becoming part of a building. Therefore, any works to such walls that would be deemed 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 border or not.
If the Adjoining 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 only require to validate, in composing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having emerged, both the Building Owners and the Adjacent Owners have to select a Party Wall Surveyor to proceed with dealing with the conflict. The Party Wall Business are often commissioned to supply guidance on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully legitimate. A Party Wall Award is a legally binding file in between Structure Owners and Adjacent Owners, which has actually been agreed 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 considered notifiable under the Party Wall Act would also use to Party Fence Walls.
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