- Preparing and serving valid Party Wall Notices
- Acting as the Structure Owners Party Wall 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 settlement of Party Wall Awards
All our Party Wall Surveyors are specialists and work in accordance with the guidelines set down by the Faculty of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to abide by this legislation might 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 and so on. Act 1996 can be divided into 2 stages; to start with the Notifying Stage and second of all, if needed, the Disputed Stage. The first stage is where the Structure Owners have a legal responsibility to serve a formal Notification detailing the proposed works upon the Adjoining Owners. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no hassle or, present no risk 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. Act 1996 might end there. The second stage would only be triggered if the Adjoining Owners had any concerns associating with the Structure Owners’ proposals or picked to neglect the Notification served by the Structure Owners.
A disagreement would then be considered to have actually arisen and, the framework offered by the Party Wall and so on. At the point of a “dispute” having occurred, both the Structure Owners and the Adjacent Owners have to designate a Party Wall Property surveyor to proceed with dealing with the disagreement.
Party Wall Surveyors are duty bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any disagreement arising, Structure Owners and Adjoining Owners do not necessarily require the services of a Party Wall Property Surveyor. However, The Party Wall Company are typically commissioned to offer 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 structure works and how they ought to be undertaken. The rights approved within the Party Wall Award go through the Structure Owners making great any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notice?
Building Owners preparing to perform any of the works specified within the Party Wall etc. Act 1996 have a legal obligation to serve written Notice on any Adjoining Owner who may be affected by the Building Owners proposed works. There is no main template for a Notice. Adequate detail of the proposed works, legal names of all Owners, and when the proposed works will begin are all important to make sure the validity of the Notice.
Mr Herman desired to fix the Party Fence Wall that divided the 2 gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman just served the Notice 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 Notification.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding document in between Building Owners and Adjoining Owners, which has actually been agreed by the selected surveyor( s), authorising the execution of building work in accordance with the Act. A Schedule of Condition survey of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall etc. Act 1996, is popular and forms a recommendation file within the Award.
I Currently Have Planning Consent And/ Or Building 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 treatments set out within the Act. No Local Authority authorization or approval would remove the legal responsibility 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 solid structure that sits astride a boundary 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 pleased that the Structure Owners’ proposed works will be of no hassle or, pose no risk of damage to their property, the Adjoining Owners just require to verify, in writing, that they consent to the works and the Party Wall and so on. At the point of a “conflict” having actually occurred, both the Structure Owners and the Adjoining Owners have to select a Party Wall Property surveyor to continue with resolving the conflict. The Party Wall Company are often commissioned to provide guidance on the Act and to serve the pertinent Party Wall Notices, ensuring they are legally valid. A Party Wall Award is a lawfully binding document in between Building Owners and Adjacent Owners, which has been concurred by the selected 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 apply to Party Fence Walls.
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