The Faulkners Surveyors is a professional Chartered Building Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all elements of the Party Wall etc. Act 1996 and supplies the following services:
Neutral recommendations on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjoining Owners or Building Owners
Acting as the Agreed Party Wall Surveyor
Undertaking Schedules of Condition studies
Preparation and settlement of Party Wall Awards (Arrangements).
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 simplistic terms, the Party Wall and so on. Act 1996 can be split into 2 stages; firstly the Notifying Phase and second of all, if needed, the Disputed Stage. The first stage is where the Structure Owners have a legal obligation to serve a formal Notification detailing the proposed works upon the Adjoining Owners. If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no hassle or, position no danger of damage to their residential or commercial property, the Adjoining Owners just require to validate, in composing, that they consent to the works and the Party Wall etc. Act 1996 could end there. The second stage would just be activated if the Adjacent Owners had any concerns connecting to the Building Owners’ proposals or chose to disregard the Notice served by the Structure Owners.
A disagreement would then be considered to have emerged and, the structure provided by the Party Wall etc. Act 1996 makes it possible for a resolution so that the Building Owners could carry out works whilst offering protection to both parties. At the point of a “dispute” having actually emerged, both the Building Owners and the Adjacent Owners need to appoint a Party Wall Surveyor to proceed with fixing the disagreement. This could be by means of different property surveyor consultations or, by agreeing to a single property surveyor, called the Agreed Surveyor.
Prior to any dispute arising, Structure Owners and Adjacent Owners do not necessarily need the services of a Party Wall Surveyor. The Party Wall Company are typically commissioned to provide recommendations on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are legally valid.
What is a Party Wall Notification?
Structure Owners preparing to carry out any of the works specified within the Party Wall etc. Act 1996 have a legal responsibility 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, enough detail of the proposed works, legal names of all Owners, and when the proposed works will start are all crucial to ensure the validity of the Notification.
Mr Herman desired to repair 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 declined to accept the Notification as being valid and argued that as both Mr and Mrs Herman would be regarded as Building Owners under the Act, Mrs Herman ought to also be included on the Notification.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding document between Building Owners and Adjoining Owners, which has actually been agreed by the appointed surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will also state details of: how the works are to be carried out; working times and days; measures needed to safeguard the Adjoining Owners residential or commercial property from damage and unnecessary trouble; and make provisions for making good or the payment of payment need to harm be triggered. An Arrange of Condition survey of the Adjoining Owners residential or commercial 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 a Set up of Condition study is to provide a written and photographic record of the condition of the structure prior to any works beginning. The schedule is then referred to should any damage come to light during or after conclusion of the works
I Currently Have Preparation Approval And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
If your planned works would be considered notifiable under the Party Wall Act then yes, you would have to follow the treatments set out within the Act. No Regional Authority approval or approval would get rid of 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 considered to be a wall of strong structure that sits astride a border and not becoming part of a structure. Any works to such walls that would be considered notifiable under the Party Wall Act would also 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 Building Owners’ proposed works will be of no hassle or, present no danger of damage to their home, the Adjoining Owners just require to confirm, in writing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having actually arisen, both the Building Owners and the Adjoining Owners have to designate a Party Wall Property surveyor to continue with dealing with the conflict. The Party Wall Business are typically commissioned to offer recommendations 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 concurred by the designated 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 apply to Party Fence Walls.
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