Faulkners Surveyors is an independent firm of building surveyors that specialise in the
Party Wall etc. Act 1996 acting for Building Owners, Adjoining Owners and as the Agreed Surveyor throughout London and the Home Counties.
Party Wall (WikiPedia)
How The Party Wall etc.
In simplistic terms, the Party Wall and so on. If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no hassle or, position no threat of damage to their property, the Adjoining Owners just need to verify, in writing, that they consent to the works and the Party Wall and so on. The second stage would just be triggered if the Adjacent Owners had any issues relating to the Building Owners’ proposals or selected to neglect the Notice served by the Building Owners.
A dispute would then be considered to have actually developed and, the structure provided by the Party Wall and so on. At the point of a “conflict” having arisen, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Surveyor to continue with fixing the conflict.
Prior to any dispute arising, Structure Owners and Adjoining Owners do not necessarily need the services of a Party Wall Surveyor. The Party Wall Company are often commissioned to supply guidance on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully valid.
What is a Party Wall Notice?
Building Owners planning to carry out any of the works defined within the Party Wall and so on. Act 1996 have a legal responsibility to serve written Notice on any Adjacent Owner who may be affected by the Building Owners proposed works.
Mr Herman wanted to fix the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman only served the Notification in his name, Mr and Mrs Lehmann refused to accept the Notice 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.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Building Owners and Adjacent Owners, which has actually been concurred by the selected 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; procedures needed to protect the Adjoining Owners property from damage and unneeded trouble; and make provisions for making good or the payment of settlement should 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 etc. Act 1996, is traditional and forms a reference file within the Award. The function of an Arrange of Condition study is to offer a composed and photographic record of the condition of the building prior to any works starting. The schedule is then described needs to any damage emerged during or after conclusion of the works
I Already Have Preparation Approval And/ Or Building Control Approval. Do I Still Required 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 treatments set out within the Act. No Local Authority permission or approval would get rid of the legal commitment 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 being part of a building. Therefore, any works to such walls that would be considered 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 inconvenience or, position no threat of damage to their home, the Adjoining Owners just require to verify, in writing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having developed, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Surveyor to proceed with resolving the disagreement. The Party Wall Business are frequently commissioned to provide advice on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully valid. A Party Wall Award is a legally binding document in between Building Owners and Adjoining Owners, which has been agreed by the appointed 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 use to Party Fence Walls.
Around the Web