- Preparing and serving valid Party Wall Notices
- Acting as the Building Owners Party Wall Surveyor
- Acting as the Adjoining Owners Party Wall Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and negotiation of Party Wall Awards
All our Party Wall Surveyors are experts and work in accordance with the policies set down by the Professors of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to adhere to this legislation might lead to works being illegal.
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.
Act 1996 Functions In simplistic terms, the Party Wall and so on. Act 1996 can be divided into 2 stages; firstly the Notifying Stage and secondly, if required, the Disputed Stage. The first stage is where the Structure Owners have a legal commitment to serve an official Notification detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no trouble or, posture no danger of damage to their residential or commercial property, the Adjoining Owners only require to validate, in writing, that they consent to the works and the Party Wall and so on. Act 1996 might end there. The second stage would just be set off if the Adjoining Owners had any concerns connecting to the Structure Owners’ proposals or selected to neglect the Notice served by the Structure Owners.
A dispute would then be considered to have actually arisen and, the structure provided by the Party Wall and so on. At the point of a “disagreement” having actually emerged, both the Building Owners and the Adjoining Owners have to designate a Party Wall Surveyor to continue with dealing with the dispute.
Prior to any conflict occurring, Building Owners and Adjoining Owners do not necessarily need the services of a Party Wall Property Surveyor. The Party Wall Company are often commissioned to provide suggestions on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid.
What is a Party Wall Notification?
Building Owners planning to carry out any of the works specified within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notice on any Adjacent Owner who may be affected by the Building Owners proposed works. There is no official template for a Notification. Nevertheless, sufficient detail of the proposed works, legal names of all Owners, and when the proposed works will begin are all crucial to make sure the validity of the Notice.
Mr Herman wanted to repair the Party Fence Wall that divided the 2 gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman only served the Notice in his name, Mr and Mrs Lehmann refused 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 must likewise be consisted of on the Notice.
What is a Party Wall Award?
A Party Wall Award is a legally binding document in between Structure Owners and Adjacent Owners, which has been concurred by the appointed surveyor( s), authorising the execution of building operate in accordance with the Act. An Award will also state information of: how the works are to be carried out; working days and times; steps needed to protect the Adjoining Owners property from damage and unnecessary hassle; and make provisions for making great or the payment of compensation ought to harm 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 traditional and forms a referral document within the Award. The function of a Set up of Condition study is to provide a composed and photographic record of the condition of the building prior to any works starting. The schedule is then described ought to any damage come to light during or after conclusion of the works
I Currently Have Planning 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 approval or approval would eliminate the legal commitment 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 considered to be a wall of strong structure that sits astride a limit and not becoming part of a building. Any works to such walls that would be considered notifiable under the Party Wall Act would also 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 limit or not.
If the Adjoining 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 composing, that they consent to the works and the Party Wall and so on. At the point of a “conflict” having occurred, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to proceed with solving the conflict. The Party Wall Business are typically commissioned to supply suggestions on the Act and to serve the appropriate Party Wall Notices, ensuring they are lawfully valid. A Party Wall Award is a lawfully binding file in between Building Owners and Adjacent Owners, which has actually been agreed by the appointed 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 likewise use to Party Fence Walls.
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