Faulkners Surveyors As qualified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element necessary to recommend upon and deal with Party Wall concerns, such as:
- 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 settlement of Party Wall Awards
All our Party Wall Surveyors are specialists and operate in accordance with the regulations set down by the Faculty of Party Wall Surveyors.
The Party Wall Act and so on 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 etc.
Act 1996 Functions In simplistic terms, the Party Wall etc. Act 1996 can be split into two stages; firstly the Notifying Phase and second of all, if needed, the Disputed Phase. The first stage is where the Building Owners have a legal commitment to serve an official Notice detailing the proposed works upon the Adjoining Owners. If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, position no threat of damage to their 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 2nd phase would only be triggered if the Adjoining Owners had any issues associating with the Structure Owners’ propositions or selected to neglect the Notice served by the Structure Owners.
A disagreement would then be considered to have actually developed and, the framework provided by the Party Wall and so on. Act 1996 enables a resolution so that the Structure Owners could carry out works whilst supplying security to both parties. At the point of a “disagreement” having developed, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to proceed with fixing the conflict. This could be through different surveyor consultations or, by consenting to a single surveyor, called the Agreed Property surveyor.
Prior to any conflict emerging, Structure Owners and Adjoining Owners do not always require the services of a Party Wall Property Surveyor. The Party Wall Company are often commissioned to supply guidance on the Act and to serve the relevant Party Wall Notices, ensuring they are lawfully valid.
What is a Party Wall Notification?
Structure Owners preparing to carry out any of the works defined within the Party Wall and so on. Act 1996 have a legal responsibility to serve written Notice on any Adjoining Owner who may be impacted by the Structure Owners proposed works.
The case of Lehmann vs Herman (1993) shows the value of serving a legitimate Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent properties. Mr Herman wished to repair the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. Nevertheless, as Mr Herman only served the Notice in his name, Mr and Mrs Lehmann refused to accept the Notification as standing and argued that as both Mr and Mrs Herman would be considered as Structure Owners under the Act, Mrs Herman ought to likewise be consisted of on the Notification. The dispute ended up in court and the judge agreed with the Lehmanns that the Notification was invalid.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding document in between Structure Owners and Adjacent Owners, which has been concurred by the designated surveyor( s), authorising the execution of structure work in accordance with the Act. An Award will also mention details of: how the works are to be undertaken; working times and days; procedures needed to protect the Adjoining Owners residential or commercial property from damage and unnecessary inconvenience; and make provisions for making good or the payment of settlement must harm be caused. A Schedule of Condition survey of the Adjoining Owners residential or commercial property, although not a specific requirement of the Party Wall etc. Act 1996, is traditional and forms a referral file within the Award. The function of an Arrange of Condition survey is to supply a written and photographic record of the condition of the structure prior to any works beginning. The schedule is then described ought to any damage come to light throughout or after conclusion of the works
I Already Have Preparation Approval And/ Or Structure Control Approval. Do I Still Required 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 Local Authority approval or approval would get rid of the legal obligation 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 structure. Any works to such walls that would be deemed 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 considered to be a Party Fence Wall, whether astride a limit or not.
If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, posture no danger of damage to their residential or commercial property, the Adjoining Owners only need 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 select a Party Wall Property surveyor to continue with solving the disagreement. The Party Wall Business are typically commissioned to provide guidance on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally valid. A Party Wall Award is a legally binding document in between Structure Owners and Adjoining Owners, which has been concurred by the selected property surveyor( s), authorising the execution of building 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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