We are Party Wall Surveyors specialising in party wall problems in UK. We have more than twenty five years experience of working in UK, acting for experts, businesses, in addition to for individuals.
Each short is special, and our dedicated group of party wall property surveyors is experienced in dealing with all manner of concerns relating to party walls. We are proud to use a bespoke service to match the differing requirements of our customers.
This website is created to provide standard details along with providing you the chance to call us straight with your issues and requirements, hence enabling our professional Party Wall Surveyors to encourage you appropriately.
The present legislation dealing with party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or foundations (including stacked structures).
Our team of Faulkners Surveyors Party Wall Surveyors offers a distinct niche service, which enables you to have the best quality service at competitively priced fees.
For more details contact one of our Faulkners Surveyors Party Wall surveyors on 03300100262.
Party Wall (WikiPedia)
A party wall (periodically parti-wall or parting wall surface, also called usual wall or as a demising wall surface) is a separating dividers between 2 adjoining structures that is shared by the residents of each home or company. Commonly, the home builder lays the wall along a home line dividing 2 terraced homes, to make sure that one half of the wall’s density rests on each side. This sort of wall is normally architectural. Party wall surfaces can likewise be created by 2 abutting wall surfaces developed at various times. The term can be also made use of to describe a department in between different units within a multi-unit apartment or condo complex. Really usually the wall surface in this situation is non-structural yet made to meet recognized criteria for sound and/or fire security, i.e. a firewall program.
How The Party Wall etc.
In simplistic terms, the Party Wall and so on. If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, pose no risk of damage to their residential or commercial property, the Adjoining Owners just require to confirm, in writing, that they consent to the works and the Party Wall and so on. The second stage would only be triggered if the Adjoining Owners had any issues relating to the Building Owners’ proposals or selected to overlook the Notice served by the Building Owners.
A disagreement would then be considered to have occurred and, the structure offered by the Party Wall and so on. Act 1996 allows a resolution so that the Building Owners could undertake works whilst supplying security to both parties. At the point of a “dispute” having actually developed, both the Structure Owners and the Adjacent Owners need to designate a Party Wall Property surveyor to proceed with resolving the dispute. This could be by means of different surveyor consultations or, by consenting to a single property surveyor, called the Agreed Surveyor.
Prior to any conflict arising, Structure Owners and Adjacent Owners do not necessarily require the services of a Party Wall Surveyor. The Party Wall Company are frequently commissioned to provide guidance on the Act and to serve the relevant Party Wall Notices, ensuring 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 Notification on any Adjoining Owner who may be affected by the Building Owners proposed works.
The case of Lehmann vs Herman (1993) shows the significance of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent homes. Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman only served the Notification in his name, Mr and Mrs Lehmann refused to accept the Notification as being valid and argued that as both Mr and Mrs Herman would be concerned as Structure Owners under the Act, Mrs Herman should also be consisted of on the Notification. The disagreement 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 Adjoining Owners, which has actually been agreed by the appointed property surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will likewise specify details of: how the works are to be undertaken; working times and days; measures needed to secure the Adjoining Owners residential or commercial property from damage and unnecessary inconvenience; and make provisions for making good or the payment of payment should damage be caused. A Set up of Condition survey of the Adjoining Owners home, although not a particular requirement of the Party Wall etc. Act 1996, is traditional and forms a recommendation file within the Award. The function of a Schedule of Condition survey is to provide a composed and photographic record of the condition of the structure prior to any works starting. The schedule is then described should any damage emerged throughout or after conclusion of the works
I Currently Have Preparation Permission 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 approval or approval would remove 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 limit and not becoming part of a building. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise 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 Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, posture no hazard of damage to their property, the Adjoining Owners just require to confirm, in composing, that they consent to the works and the Party Wall etc. At the point of a “disagreement” having actually developed, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to proceed with fixing the disagreement. The Party Wall Business are often commissioned to supply recommendations on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid. A Party Wall Award is a legally binding document between Structure Owners and Adjacent Owners, which has been agreed by the designated property surveyor( s), authorising the execution of building 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.
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