Faulkners Surveyors is an independent firm of structure property surveyors that specialise in the
Party Wall and so on. 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 simplified terms, the Party Wall etc. 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 residential or commercial property, the Adjoining Owners only need to confirm, in composing, that they consent to the works and the Party Wall and so on. The 2nd phase would only be triggered if the Adjoining Owners had any issues relating to the Structure Owners’ proposals or picked to disregard the Notice served by the Structure Owners.
A conflict would then be considered to have actually emerged and, the structure offered by the Party Wall etc. At the point of a “dispute” having arisen, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to proceed with solving the conflict.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any dispute developing, Structure Owners and Adjoining Owners do not necessarily need the services of a Party Wall Property Surveyor. However, The Party Wall Company are often commissioned to offer recommendations on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully valid. As soon as designated, the Surveyors will think about the proposed works and concur a Party Wall Award which would detail the structure works and how they must be carried out. The rights granted within the Party Wall Award are subject to the Structure Owners making great any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notification?
Building Owners preparing to carry out any of the works specified within the Party Wall and so on. Act 1996 have a legal obligation to serve written Notification on any Adjacent Owner who may be affected by the Building Owners proposed works. There is no official design template for a Notification. Enough information of the proposed works, legal names of all Owners, and when the proposed works will start are all important to make sure the validity of the Notice.
The case of Lehmann vs Herman (1993) reveals the importance of serving a valid Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent residential or commercial properties. Mr Herman wished to repair the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman just served the Notice in his name, Mr and Mrs Lehmann declined to accept the Notice as being valid and argued that as both Mr and Mrs Herman would be concerned as Structure Owners under the Act, Mrs Herman should also be included on the Notification. The dispute ended up in court and the judge agreed with the Lehmanns that the Notification was invalid.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file in between Structure Owners and Adjacent Owners, which has been agreed by the designated property surveyor( s), authorising the execution of building work in accordance with the Act. An Arrange of Condition survey of the Adjoining Owners property, although not a specific requirement of the Party Wall etc. Act 1996, is traditional and forms a referral file within the Award.
I Already Have Preparation Consent And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a completely separate piece of statute legislation to the Town and Nation Planning Act 1990 or the Structure Act 1984. For that reason, if your planned works would be considered notifiable under the Party Wall Act then yes, you would need to follow the procedures set out within the Act. No Regional Authority consent or approval would remove the legal responsibility 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 deemed to be a wall of solid structure that sits astride a limit and not being part of a building. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise 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 Structure Owners’ proposed works will be of no hassle or, position no risk of damage to their property, the Adjoining Owners only require to validate, in writing, 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 Adjoining Owners have to designate a Party Wall Surveyor to continue with resolving the disagreement. The Party Wall Company are often commissioned to supply suggestions on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a lawfully binding document in between Structure Owners and Adjoining Owners, which has been concurred by the selected property 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 apply to Party Fence Walls.
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