We are Party Wall Surveyors specialising in party wall concerns in UK. We have more than twenty 5 years experience of working in UK, acting for experts, organizations, as well as for people.
Each quick is unique, and our dedicated group of party wall surveyors is experienced in handling all manner of issues connecting to party walls. We are proud to use a bespoke service to match the differing requirements of our clients.
This website is designed to provide basic details as well as using you the opportunity to contact us directly with your requirements and problems, therefore allowing our professional Party Wall Surveyors to advise you appropriately.
The present legislation dealing with party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and responsibilities of those proposing work to party walls/structures, and/or underpinning thereof, nearby excavations and/or structures (consisting of stacked foundations).
Our team of Faulkners Surveyors Party Wall Surveyors provides a special specific niche service, which allows you to have the best quality service at competitively priced costs.
For more details contact among our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
How The Party Wall and so on.
In simplistic terms, the Party Wall etc. If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, present no risk of damage to their residential or commercial property, the Adjoining Owners just need to verify, in writing, that they consent to the works and the Party Wall and so on. The 2nd stage would only be activated if the Adjacent Owners had any concerns relating to the Building Owners’ propositions or chose to neglect the Notification served by the Structure Owners.
A disagreement would then be considered to have actually developed and, the structure offered by the Party Wall etc. Act 1996 allows a resolution so that the Structure Owners could undertake works whilst supplying protection to both celebrations. At the point of a “dispute” having occurred, both the Structure Owners and the Adjoining Owners need to select a Party Wall Surveyor to proceed with dealing with the conflict. This could be by means of different property surveyor visits or, by accepting a single surveyor, called the Agreed Surveyor.
Prior to any disagreement emerging, Building Owners and Adjoining Owners do not always need the services of a Party Wall Surveyor. The Party Wall Business are often commissioned to offer advice on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally valid.
What is a Party Wall Notification?
Structure Owners planning to bring out any of the works defined within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notification on any Adjoining Owner who might be affected by the Building 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 adjoining properties. Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. Nevertheless, as Mr Herman only served the Notice in his name, Mr and Mrs Lehmann contradicted the Notification as being valid and argued that as both Mr and Mrs Herman would be considered Structure Owners under the Act, Mrs Herman should likewise be consisted of on the Notification. The disagreement ended up in court and the judge agreed with the Lehmanns that the Notice was invalid.
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 selected property surveyor( s), authorising the execution of building operate in accordance with the Act. An Award will likewise state information of: how the works are to be undertaken; working times and days; steps required to protect the Adjoining Owners property from damage and unneeded inconvenience; and make provisions for making good or the payment of settlement must harm be caused. A Set up 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. The function of a Set up of Condition survey is to offer a written and photographic record of the condition of the building prior to any works starting. The schedule is then referred to ought to any damage come to light throughout or after conclusion of the works
I Already Have Planning Authorization And/ Or Structure Control Approval. Do I Still Need 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 Local Authority approval or approval would remove the legal commitment to serve a Party Wall Notification 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 building. Therefore, any works to such walls that would be deemed 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 considered to be a Party Fence Wall, whether astride a border or not.
If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, posture no threat of damage to their home, the Adjoining Owners only need to confirm, in writing, that they consent to the works and the Party Wall etc. At the point of a “conflict” having developed, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to proceed with fixing the conflict. The Party Wall Business are often commissioned to supply advice on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are legally valid. A Party Wall Award is a legally binding file between Building Owners and Adjoining Owners, which has been agreed by the designated 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 apply to Party Fence Walls.
Around the Web