Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every aspect required to recommend upon and deal with Party Wall issues, such as:
- Preparing and serving valid Party Wall Notices
- Acting as the Structure Owners Party Wall Surveyor
- Acting as the Adjoining Owners Party Wall Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and negotiation of Party Wall Awards
All our Party Wall Surveyors are experts and work in accordance with the regulations set down by the Professors of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to comply with this legislation may result in works being unlawful.
Party Wall (WikiPedia)
How The Party Wall and so on.
Act 1996 Functions In simple terms, the Party Wall etc. Act 1996 can be divided into two stages; first of all the Notifying Phase and secondly, if needed, the Disputed Stage. The first stage is where the Structure Owners have a legal responsibility to serve an official Notice detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no hassle or, posture no danger of damage to their residential or commercial property, the Adjoining Owners just require to confirm, in composing, that they consent to the works and the Party Wall and so on. Act 1996 might end there. The 2nd stage would just be triggered if the Adjoining Owners had any concerns connecting to the Building Owners’ propositions or chose to disregard the Notice served by the Building Owners.
A conflict would then be deemed to have actually emerged and, the structure offered by the Party Wall and so on. Act 1996 makes it possible for a resolution so that the Building Owners could undertake works whilst supplying protection to both parties. At the point of a “dispute” having actually developed, both the Building Owners and the Adjacent Owners have to designate a Party Wall Surveyor to proceed with fixing the dispute. This could be via different surveyor appointments or, by accepting a single surveyor, called the Agreed Surveyor.
Party Wall Surveyors are duty bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any dispute occurring, Structure Owners and Adjacent Owners do not necessarily need the services of a Party Wall Surveyor. Nevertheless, The Party Wall Company are typically commissioned to offer recommendations on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally valid. When appointed, the Surveyors will think about the proposed works and agree a Party Wall Award which would detail the structure works and how they ought to be carried out. The rights approved within the Party Wall Award undergo the Building Owners making great any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notice?
Structure Owners preparing to bring 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 Structure Owners proposed works.
The case of Lehmann vs Herman (1993) reveals the importance of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent properties. Mr Herman wanted to repair 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 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 included on the Notice. The dispute 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 between Structure Owners and Adjacent Owners, which has been agreed by the appointed 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 etc. Act 1996, is customary and forms a recommendation file within the Award.
I Already Have Planning Approval And/ Or Structure 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 permission or approval would eliminate 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 boundary and not being part of a building. For that reason, any works to such walls that would be deemed notifiable under the Party Wall Act would also 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 limit or not.
If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no inconvenience or, pose no risk of damage to their residential or commercial property, the Adjoining Owners just require to verify, in composing, that they consent to the works and the Party Wall and so on. At the point of a “conflict” having developed, both the Building Owners and the Adjacent Owners have to select a Party Wall Surveyor to continue with resolving the disagreement. The Party Wall Company are often 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 legally binding file between Structure Owners and Adjoining Owners, which has actually been agreed by the selected surveyor( s), authorising the execution of structure 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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