We are Party Wall Surveyors specialising in party wall issues in UK. We have over twenty five years experience of working in UK, acting for specialists, companies, as well as for individuals.
Each brief is distinct, and our devoted group of party wall surveyors is experienced in dealing with all manner of problems connecting to party walls. We are proud to provide a bespoke service to match the differing needs of our clients.
This site is developed to provide basic information as well as offering you the opportunity to call us straight with your requirements and problems, therefore allowing our expert Party Wall Surveyors to recommend you accordingly.
The present legislation handling party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, adjacent excavations and/or structures (consisting of stacked structures).
Our team of Faulkners Surveyors Party Wall Surveyors supplies a distinct specific niche service, which allows you to have the best quality service at competitively priced costs.
For additional information contact among our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
How The Party Wall etc.
In simple terms, the Party Wall etc. If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, position no threat of damage to their home, the Adjoining Owners only require to validate, in composing, that they consent to the works and the Party Wall etc. The 2nd phase would only be activated if the Adjoining Owners had any concerns relating to the Building Owners’ propositions or picked to ignore the Notice served by the Building Owners.
A disagreement would then be considered to have arisen and, the structure provided by the Party Wall etc. Act 1996 enables a resolution so that the Structure Owners could carry out works whilst providing security to both parties. At the point of a “dispute” having actually emerged, both the Building Owners and the Adjacent Owners need to designate a Party Wall Surveyor to proceed with dealing with the conflict. This could be via different property surveyor visits or, by consenting to a single property surveyor, called the Agreed Surveyor.
Prior to any dispute occurring, 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 supply guidance on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully legitimate.
What is a Party Wall Notice?
Building Owners planning to carry out any of the works specified within the Party Wall etc. Act 1996 have a legal obligation to serve written Notification on any Adjoining Owner who might be affected by the Structure Owners proposed works. There is no official design template for a Notice. Sufficient information of the proposed works, legal names of all Owners, and when the proposed works will start are all important to ensure the validity of the Notification.
The case of Lehmann vs Herman (1993) shows the importance of serving a valid Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining properties. Mr Herman wanted to fix the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman only served the Notice in his name, Mr and Mrs Lehmann refused to accept the Notice as being valid and argued that as both Mr and Mrs Herman would be regarded as Building Owners under the Act, Mrs Herman must likewise be included 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 legally binding document between Building Owners and Adjacent Owners, which has actually been concurred by the selected surveyor( s), authorising the execution of building operate in accordance with the Act. An Award will also specify details of: how the works are to be undertaken; working times and days; procedures required to secure the Adjoining Owners property from damage and unnecessary trouble; and make provisions for making great or the payment of payment must damage be triggered. A Schedule of Condition study of the Adjoining Owners home, although not a particular requirement of the Party Wall and so on. Act 1996, is popular and forms a recommendation document within the Award. The function of a Schedule of Condition study is to offer a written and photographic record of the condition of the building prior to any works commencing. The schedule is then referred to needs to any damage emerged during or after completion of the works
I Already Have Preparation Consent And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a totally separate piece of statute legislation to the Town and Nation Preparation Act 1990 or the Structure Act 1984. Therefore, if your prepared works would be deemed notifiable under the Party Wall Act then yes, you would need to follow the procedures set out within the Act. No Local Authority permission or approval would eliminate 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 solid structure that sits astride a boundary and not being part of a building. For that reason, any works to such walls that would be considered notifiable under the Party Wall Act would likewise 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 border or not.
If the Adjoining Owners are satisfied that the Structure 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 verify, in writing, that they consent to the works and the Party Wall etc. At the point of a “disagreement” having occurred, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to proceed with solving the dispute. The Party Wall Business are frequently commissioned to offer suggestions on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are legally valid. A Party Wall Award is a lawfully binding file in between Structure Owners and Adjoining Owners, which has been concurred 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 considered notifiable under the Party Wall Act would likewise use to Party Fence Walls.
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