Faulkners Surveyors is an independent company of structure property surveyors that specialise in the
Party Wall etc. Act 1996 acting for Structure Owners, Adjacent Owners and as the Agreed Surveyor throughout London and the House Counties.
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 etc.
In simplistic terms, the Party Wall etc. If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no trouble or, posture no threat of damage to their home, the Adjoining Owners only require to confirm, in composing, that they consent to the works and the Party Wall etc. The 2nd phase would only be triggered if the Adjoining Owners had any issues relating to the Building Owners’ proposals or picked to overlook the Notice served by the Structure Owners.
A disagreement 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 developed, both the Structure Owners and the Adjacent Owners have to select a Party Wall Property surveyor to proceed with fixing the conflict.
Party Wall Surveyors are duty bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any disagreement developing, Building Owners and Adjoining Owners do not always require the services of a Party Wall Property Surveyor. The Party Wall Company are often commissioned to provide guidance on the Act and to serve the relevant Party Wall Notices, ensuring they are legally legitimate. As soon as designated, the Surveyors will consider the proposed works and concur a Party Wall Award which would information the structure works and how they must be carried out. The rights given within the Party Wall Award undergo the Building Owners making great any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notification?
Building Owners planning to carry out any of the works defined within the Party Wall etc. Act 1996 have a legal responsibility to serve written Notice on any Adjacent Owner who might be impacted by the Structure Owners proposed works.
The case of Lehmann vs Herman (1993) shows the importance of serving a legitimate Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent residential or commercial properties. Mr Herman wished to fix the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. However, as Mr Herman just served the Notice in his name, Mr and Mrs Lehmann contradicted the Notification as being valid and argued that as both Mr and Mrs Herman would be considered Structure Owners under the Act, Mrs Herman should likewise be consisted of on the Notice. The conflict wound up in court and the judge agreed with the Lehmanns that the Notice was void.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file in between Building Owners and Adjacent Owners, which has been agreed by the designated surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will also specify information of: how the works are to be carried out; working times and days; procedures needed to protect the Adjoining Owners home from damage and unneeded inconvenience; and make provisions for making good or the payment of compensation must damage be triggered. An Arrange of Condition survey of the Adjoining Owners property, although not a particular requirement of the Party Wall and so on. Act 1996, is popular and forms a recommendation file within the Award. The purpose of an Arrange of Condition study is to supply a written and photographic record of the condition of the structure prior to any works commencing. The schedule is then referred to ought to any damage come to light throughout or after completion of the works
I Already Have Planning Authorization 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 approval 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 deemed to be a wall of strong structure that sits astride a limit and not belonging to a structure. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise use 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 Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, posture no hazard of damage to their property, the Adjoining Owners just require to confirm, in composing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having emerged, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Surveyor to proceed with fixing the conflict. The Party Wall Company are frequently commissioned to provide guidance on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally valid. A Party Wall Award is a lawfully binding document in between Structure Owners and Adjacent Owners, which has actually been agreed 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 likewise use to Party Fence Walls.
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