The Faulkners Surveyors is a professional Chartered Structure Surveying Practice that runs throughout UK. The Faulkners Surveyors undertakes all elements of the Party Wall etc. Act 1996 and offers the following services:
Unbiased recommendations on all Party Wall Matters
Preparation and service of legitimate Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjacent 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 etc.
Act 1996 Functions In simplistic terms, the Party Wall and so on. Act 1996 can be split into two stages; firstly the Notifying Stage and second of all, if needed, the Disputed Stage. The first stage is where the Structure Owners have a legal commitment to serve an official Notice detailing the proposed works upon the Adjoining Owners. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, pose no hazard of damage to their residential or commercial property, the Adjoining Owners only need to verify, in writing, that they consent to the works and the Party Wall etc. Act 1996 could end there. The 2nd stage would just be activated if the Adjoining Owners had any issues connecting to the Building Owners’ proposals or chose to ignore the Notification served by the Structure Owners.
A dispute would then be considered to have occurred and, the structure offered by the Party Wall etc. Act 1996 enables a resolution so that the Structure Owners could undertake works whilst offering defense to both celebrations. At the point of a “dispute” having developed, both the Building Owners and the Adjacent Owners have to select a Party Wall Property surveyor to proceed with solving the disagreement. This could be via different property surveyor consultations or, by accepting a single surveyor, called the Agreed Property surveyor.
Prior to any conflict developing, Building Owners and Adjoining Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Business are often commissioned to offer advice on the Act and to serve the pertinent Party Wall Notices, ensuring they are legally valid.
What is a Party Wall Notification?
Structure Owners preparing to bring out any of the works specified within the Party Wall and so on. Act 1996 have a legal obligation to serve written Notification on any Adjacent Owner who might be affected by the Structure Owners proposed works.
Mr Herman desired to fix the Party Fence Wall that divided the two 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 legitimate 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 Notification.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Structure Owners and Adjacent Owners, which has been concurred by the selected property surveyor( s), authorising the execution of structure work in accordance with the Act. An Award will also specify information of: how the works are to be undertaken; working times and days; procedures needed to protect the Adjoining Owners home from damage and unnecessary inconvenience; and make provisions for making great or the payment of payment should damage be triggered. An Arrange of Condition survey of the Adjoining Owners home, although not a specific requirement of the Party Wall etc. Act 1996, is popular and forms a referral document within the Award. The purpose of an Arrange of Condition survey is to supply a written and photographic record of the condition of the building prior to any works beginning. The schedule is then described should any damage come to light throughout or after conclusion of the works
I Currently Have Planning Approval And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?
If your prepared 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 permission 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 deemed to be a wall of strong structure that sits astride a border and not being part of a structure. 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. 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 Adjoining Owners are pleased that the Building Owners’ proposed works will be of no hassle or, pose no hazard of damage to their property, the Adjoining Owners just require to validate, in composing, that they consent to the works and the Party Wall and so on. At the point of a “conflict” having actually occurred, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to proceed with dealing with the disagreement. The Party Wall Company are frequently commissioned to supply recommendations on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally legitimate. A Party Wall Award is a legally binding document in between Building Owners and Adjacent Owners, which has actually been concurred 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 apply to Party Fence Walls.
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