The Faulkners Surveyors is a professional Chartered Structure Surveying Practice that operates throughout UK. The Faulkners Surveyors undertakes all aspects of the Party Wall etc. Act 1996 and supplies the following services:
Neutral guidance on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Surveyor for either Adjoining Owners or Building Owners
Acting as the Agreed Party Wall Surveyor
Carrying Out Schedules of Condition studies
Preparation and negotiation of Party Wall Awards (Arrangements).
Party Wall (WikiPedia)
How The Party Wall etc.
In simple terms, the Party Wall and so on. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no hassle or, present no hazard of damage to their home, the Adjoining Owners just require to validate, in composing, that they consent to the works and the Party Wall etc. The 2nd stage would just be triggered if the Adjacent Owners had any concerns relating to the Building Owners’ propositions or selected to ignore the Notification served by the Building Owners.
A disagreement would then be deemed to have actually developed and, the structure provided by the Party Wall and so on. At the point of a “conflict” having actually occurred, both the Building Owners and the Adjacent Owners have to designate a Party Wall Surveyor to continue with dealing with the conflict.
Prior to any conflict emerging, Building Owners and Adjoining Owners do not always require the services of a Party Wall Property Surveyor. The Party Wall Company are typically commissioned to supply recommendations on the Act and to serve the appropriate Party Wall Notices, ensuring they are lawfully legitimate.
What is a Party Wall Notice?
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 Adjacent Owner who may be impacted by the Building Owners proposed works. There is no official design template for a Notice. However, sufficient information of the proposed works, legal names of all Owners, and when the proposed works will begin are all critical to ensure the credibility of the Notification.
The case of Lehmann vs Herman (1993) reveals the significance of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining properties. Mr Herman wished to fix the Party Fence Wall that divided the two 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 Notice as being legitimate and argued that as both Mr and Mrs Herman would be related to as Structure Owners under the Act, Mrs Herman need to also be included on the Notice. The dispute wound 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 file in between Building Owners and Adjacent Owners, which has actually been agreed by the selected property surveyor( s), authorising the execution of structure work in accordance with the Act. An Arrange 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 document within the Award.
I Already Have Planning Consent And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall etc. Act 1996 is an absolutely different piece of statute legislation to the Town and Nation Planning Act 1990 or the Building Act 1984. For that reason, if your planned works would be considered notifiable under the Party Wall Act then yes, you would have to follow the procedures set out within the Act. No Regional Authority approval or approval would get rid of the legal obligation 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 considered to be a wall of strong structure that sits astride a limit and not being part of a building. Any works to such walls that would be considered notifiable under the Party Wall Act would also use to Party Fence Walls. Wood 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 Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, posture no danger of damage to their property, the Adjoining Owners only require to validate, in composing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having occurred, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to proceed with resolving 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 Adjacent Owners, which has been agreed 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 deemed notifiable under the Party Wall Act would also apply to Party Fence Walls.
Around the Web