Faulkners Surveyors As qualified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element needed to encourage upon and deal with Party Wall concerns, such as:
- Preparing and serving valid Party Wall Notices
- Acting as the Building Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are professionals and work in accordance with the policies set down by the Faculty of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to adhere to this legislation may result in works being illegal.
Party Wall (WikiPedia)
How The Party Wall etc.
Act 1996 Works In simplistic terms, the Party Wall and so on. Act 1996 can be divided into 2 phases; to start with the Notifying Stage and second of all, if required, the Disputed Phase. The first stage is where the Building Owners have a legal obligation to serve an official Notification detailing the proposed works upon the Adjoining Owners. If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, present no danger 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 etc. Act 1996 could end there. The 2nd phase would only be activated if the Adjoining Owners had any concerns associating with the Structure Owners’ propositions or selected to ignore the Notice served by the Structure Owners.
A disagreement would then be deemed to have arisen and, the framework offered by the Party Wall etc. Act 1996 allows a resolution so that the Structure Owners could undertake works whilst offering defense to both celebrations. At the point of a “conflict” having arisen, both the Building Owners and the Adjacent Owners have to select a Party Wall Surveyor to proceed with solving the dispute. This could be by means of separate surveyor appointments or, by agreeing to a single surveyor, called the Agreed Property surveyor.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any conflict developing, Building Owners and Adjacent Owners do not always require the services of a Party Wall Surveyor. However, The Party Wall Company are frequently commissioned to offer advice on the Act and to serve the relevant Party Wall Notices, guaranteeing they are lawfully legitimate. When selected, the Surveyors will think about the proposed works and concur a Party Wall Award which would information 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 great.
What is a Party Wall Notice?
Building Owners preparing to carry out any of the works specified within the Party Wall etc. Act 1996 have a legal commitment to serve written Notice on any Adjoining Owner who might be impacted by the Structure Owners proposed works.
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 adjacent homes. Mr Herman wished to repair the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. However, as Mr Herman only served the Notification 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 Structure Owners under the Act, Mrs Herman must also be included on the Notification. The dispute 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 lawfully binding file in between Structure Owners and Adjoining Owners, which has actually been agreed by the appointed property surveyor( s), authorising the execution of building operate in accordance with the Act. An Award will also state information of: how the works are to be undertaken; working times and days; measures required to safeguard the Adjoining Owners property from damage and unneeded inconvenience; and make provisions for making great or the payment of compensation must damage be triggered. An Arrange of Condition survey of the Adjoining Owners home, although not a particular requirement of the Party Wall etc. Act 1996, is traditional and forms a referral document within the Award. The function of a Set up of Condition study is to supply a composed and photographic record of the condition of the building prior to any works beginning. The schedule is then referred to should any damage emerged during or after completion of the works
I Already Have Planning Consent And/ Or Building Control Approval. Do I Still Required To Follow The Party Wall Act?
The Party Wall etc. Act 1996 is an absolutely different piece of statute legislation to the Town and Nation Preparation Act 1990 or the Building Act 1984. If your prepared 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 deemed to be a wall of strong structure that sits astride a boundary and not being part of a building. 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 boundary or not.
If the Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, position no hazard of damage to their home, the Adjoining Owners just require to validate, in writing, that they consent to the works and the Party Wall and so on. At the point of a “conflict” having actually arisen, both the Structure Owners and the Adjoining Owners have to select a Party Wall Property surveyor to continue with dealing with the disagreement. The Party Wall Company are often commissioned to supply guidance on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully valid. A Party Wall Award is a lawfully binding file between Structure Owners and Adjoining Owners, which has actually been agreed by the appointed 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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