Faulkners Surveyors is an independent firm of structure property surveyors that specialise in the
Party Wall and so on. Act 1996 acting for Building Owners, Adjacent Owners and as the Agreed Property Surveyor throughout London and the House Counties.
Party Wall (WikiPedia)
How The Party Wall etc.
Act 1996 Works In simplistic terms, the Party Wall etc. Act 1996 can be split into 2 stages; to start with the Notifying Phase and secondly, if needed, the Disputed Stage. The first stage is where the Structure Owners have a legal responsibility to serve a formal Notice detailing the proposed works upon the Adjoining Owners. If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, position no threat of damage to their property, the Adjoining Owners only need to validate, in writing, that they grant the works and the Party Wall and so on. Act 1996 could end there. The 2nd phase would only be triggered if the Adjoining Owners had any concerns associating with the Structure Owners’ propositions or selected to neglect the Notification served by the Structure Owners.
A conflict would then be considered to have actually developed and, the framework supplied by the Party Wall and so on. At the point of a “disagreement” having actually occurred, both the Building Owners and the Adjacent Owners have to designate a Party Wall Property surveyor to continue with dealing with the disagreement.
Prior to any conflict emerging, Building Owners and Adjoining Owners do not always require the services of a Party Wall Surveyor. The Party Wall Company are typically commissioned to offer guidance on the Act and to serve the relevant Party Wall Notices, ensuring they are lawfully valid.
What is a Party Wall Notification?
Building Owners planning to bring out any of the works specified within the Party Wall etc. Act 1996 have a legal commitment to serve written Notification on any Adjoining Owner who may be impacted by the Building Owners proposed works.
Mr Herman wanted to fix the Party Fence Wall that divided the 2 gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman just served the Notification in his name, Mr and Mrs Lehmann declined to accept the Notification as being valid and argued that as both Mr and Mrs Herman would be concerned as Structure Owners under the Act, Mrs Herman need to likewise be included on the Notification.
What is a Party Wall Award?
A Party Wall Award is a legally binding document in between Building Owners and Adjacent Owners, which has been agreed by the appointed surveyor( s), authorising the execution of building work in accordance with the Act. A Schedule 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 reference document within the Award.
I Already Have Preparation Approval And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
If your prepared works would be deemed notifiable under the Party Wall Act then yes, you would have to follow the procedures set out within the Act. No Local Authority authorization or approval would remove 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 border and not becoming part of a structure. For that reason, any works to such walls that would be deemed notifiable under the Party Wall Act would likewise apply to Party Fence Walls. Timber fencing, precast concrete posts with infill panel fencing, etc would not be deemed to be a Party Fence Wall, whether astride a boundary or not.
If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no hassle or, pose no hazard of damage to their property, the Adjoining Owners only require to confirm, in composing, that they consent to the works and the Party Wall and so on. At the point of a “conflict” having emerged, both the Building Owners and the Adjacent Owners have to select a Party Wall Property surveyor to continue with fixing the disagreement. The Party Wall Company are often commissioned to provide suggestions on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally legitimate. A Party Wall Award is a lawfully binding document between Building Owners and Adjacent Owners, which has been concurred by the designated 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 likewise use to Party Fence Walls.
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