- Preparing and serving valid Party Wall Notices
- Acting as the Building Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and negotiation of Party Wall Awards
All our Party Wall Surveyors are specialists and work in accordance with the regulations set down by the Faculty of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to comply with this legislation may lead to works being unlawful.
Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall, also known as common wall or as a demising wall) is a dividing partition between two adjoining buildings that is shared by the occupants of each residence or business. Typically, the builder lays the wall along a property line dividing two terraced houses, so that one half of the wall’s thickness lies on each side. This type of wall is usually structural. Party walls can also be formed by two abutting walls built at different times. The term can be also used to describe a division between separate units within a multi-unit apartment complex. Very often the wall in this case is non-structural but designed to meet established criteria for sound and/or fire protection, i.e. a firewall.
How The Party Wall and so on.
Act 1996 Works In simple terms, the Party Wall etc. Act 1996 can be split into 2 stages; first of all the Notifying Phase and secondly, if required, the Disputed Phase. The first stage is where the Building Owners have a legal commitment to serve an official Notification detailing the proposed works upon the Adjacent Owners. If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, present no hazard of damage to their property, the Adjoining Owners only need to validate, in writing, that they grant the works and the Party Wall etc. Act 1996 could end there. The 2nd stage would only be set off if the Adjoining Owners had any issues relating to the Structure Owners’ propositions or picked to ignore the Notice served by the Building Owners.
A disagreement would then be deemed to have actually emerged and, the structure supplied by the Party Wall and so on. Act 1996 allows a resolution so that the Structure Owners might undertake works whilst providing defense to both parties. At the point of a “dispute” having occurred, both the Structure Owners and the Adjoining Owners have to select a Party Wall Property surveyor to proceed with dealing with the conflict. This could be via separate surveyor visits or, by agreeing to a single property surveyor, called the Agreed Property surveyor.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any conflict occurring, Building Owners and Adjacent Owners do not necessarily require the services of a Party Wall Property Surveyor. However, The Party Wall Business are typically commissioned to supply suggestions on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally valid. As soon as designated, the Surveyors will consider the proposed works and agree a Party Wall Award which would detail the building works and how they should be carried out. The rights given within the Party Wall Award go through the Building Owners making great any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notice?
Building Owners planning to carry out any of the works defined within the Party Wall etc. Act 1996 have a legal commitment to serve written Notification on any Adjacent Owner who might be impacted by the Structure Owners proposed works. There is no main template for a Notice. Sufficient information of the proposed works, legal names of all Owners, and when the proposed works will start are all critical to make sure the validity of the Notification.
Mr Herman desired to fix the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman only served the Notice 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 Building Owners under the Act, Mrs Herman must also be included on the Notice.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding document in between Building Owners and Adjacent Owners, which has been agreed by the appointed surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will likewise state details of: how the works are to be undertaken; working days and times; procedures required to secure the Adjoining Owners property from damage and unnecessary trouble; and make provisions for making good or the payment of compensation ought to damage be triggered. 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 popular and forms a recommendation document within the Award. The purpose of a Set up of Condition study is to supply a written and photographic record of the condition of the building prior to any works beginning. The schedule is then described must any damage come to light during or after completion of the works
I Currently Have Preparation Approval And/ Or Building Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is an absolutely different piece of statute legislation to the Town and Nation Preparation Act 1990 or the Structure Act 1984. If your planned 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 eliminate 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 deemed to be a wall of solid structure that sits astride a border and not being part of a structure. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise use 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 Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no trouble or, position no hazard of damage to their property, the Adjoining Owners just require to verify, in composing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having arisen, both the Structure Owners and the Adjacent Owners have to designate a Party Wall Surveyor to continue with solving the dispute. The Party Wall Business are frequently commissioned to offer guidance on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally legitimate. A Party Wall Award is a legally binding file between Building Owners and Adjacent Owners, which has been concurred by the appointed property surveyor( s), authorising the execution of structure 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.
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