The Faulkners Surveyors is a specialist Chartered Structure Surveying Practice that operates throughout UK. The Faulkners Surveyors carries out all elements of the Party Wall and so on. Act 1996 and provides the following services:
Objective suggestions on all Party Wall Matters
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Surveyor for either Adjacent Owners or Structure Owners
Acting as the Agreed Party Wall Property Surveyor
Undertaking Schedules of Condition studies
Preparation and settlement of Party Wall Awards (Arrangements).
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 etc.
Act 1996 Works In simplistic terms, the Party Wall and so on. Act 1996 can be split into two stages; to start with the Notifying Phase and second of all, if needed, the Disputed Phase. The first stage is where the Structure Owners have a legal obligation to serve an official Notification detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no trouble or, present no danger of damage to their residential or commercial property, the Adjoining Owners only require to validate, in composing, that they consent to the works and the Party Wall and so on. Act 1996 might end there. The second phase would only be activated if the Adjacent Owners had any concerns connecting to the Structure Owners’ propositions or chose to overlook the Notification served by the Building Owners.
A disagreement would then be considered to have arisen and, the structure provided by the Party Wall etc. Act 1996 makes it possible for a resolution so that the Building Owners could undertake works whilst offering protection to both parties. At the point of a “conflict” having actually developed, both the Building Owners and the Adjoining Owners have to select a Party Wall Property surveyor to proceed with resolving the conflict. This could be by means of separate surveyor consultations or, by accepting a single surveyor, called the Agreed Property surveyor.
Prior to any disagreement developing, Structure Owners and Adjacent Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Company are frequently commissioned to supply advice on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are legally legitimate.
What is a Party Wall Notice?
Structure Owners preparing to perform any of the works defined within the Party Wall etc. Act 1996 have a legal commitment to serve written Notification on any Adjacent Owner who may be impacted by the Structure Owners proposed works. There is no official design template for a Notification. Adequate detail of the proposed works, legal names of all Owners, and when the proposed works will begin are all important to guarantee the validity of the Notification.
The case of Lehmann vs Herman (1993) shows the significance of serving a valid Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining properties. Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman only served the Notice in his name, Mr and Mrs Lehmann refused to accept the Notification as being legitimate and argued that as both Mr and Mrs Herman would be regarded as Structure Owners under the Act, Mrs Herman need to likewise be consisted of on the Notice. The conflict ended 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 lawfully binding document between Structure Owners and Adjoining Owners, which has been agreed by the selected surveyor( s), authorising the execution of building work 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 needed to secure the Adjoining Owners residential or commercial property from damage and unneeded trouble; and make provisions for making great or the payment of compensation need to damage be triggered. A Set up 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 customary and forms a referral file within the Award. The function of a Schedule of Condition study is to offer a written and photographic record of the condition of the structure prior to any works starting. The schedule is then referred to needs to any damage come to light during or after conclusion of the works
I Already Have Preparation Authorization And/ Or Building Control Approval. Do I Still Required To Follow The Party Wall Act?
If your planned 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 approval or approval would get rid of 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 solid structure that sits astride a limit and not becoming part of a structure. Any works to such walls that would be considered notifiable under the Party Wall Act would also apply to Party Fence Walls. Lumber fencing, precast concrete posts with infill panel fencing, etc would not be deemed to be a Party Fence Wall, whether astride a limit or not.
If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, posture no hazard of damage to their property, the Adjoining Owners only require to validate, in writing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having actually occurred, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Surveyor to continue with resolving the conflict. The Party Wall Company are often commissioned to supply recommendations 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 Adjoining 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 likewise apply to Party Fence Walls.
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