Faulkners Surveyors is an independent firm of building property surveyors that specialise in the
Party Wall and so on. Act 1996 acting for Building Owners, Adjoining Owners and as the Agreed Surveyor throughout London and the Home Counties.
Party Wall (WikiPedia)
How The Party Wall etc.
Act 1996 Functions In simplified terms, the Party Wall and so on. Act 1996 can be divided into two stages; firstly the Notifying Phase and secondly, if required, the Disputed Stage. The first stage is where the Structure Owners have a legal obligation to serve an official Notice detailing the proposed works upon the Adjoining Owners. If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, present no threat of damage to their property, the Adjoining Owners only need to confirm, in composing, that they grant the works and the Party Wall etc. Act 1996 might end there. The second phase would only be set off if the Adjacent Owners had any concerns associating with the Structure Owners’ proposals or selected to disregard the Notification served by the Structure Owners.
A conflict would then be deemed to have developed and, the structure offered by the Party Wall etc. At the point of a “conflict” having actually arisen, both the Building Owners and the Adjoining Owners have to designate a Party Wall Surveyor to continue with dealing with the dispute.
Prior to any dispute arising, Building Owners and Adjoining Owners do not necessarily require the services of a Party Wall Surveyor. The Party Wall Company are often commissioned to provide suggestions on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally valid.
What is a Party Wall Notice?
Structure Owners preparing to carry out any of the works defined within the Party Wall etc. Act 1996 have a legal commitment to serve written Notice on any Adjacent Owner who may be affected by the Building Owners proposed works. There is no main template for a Notification. However, adequate information of the proposed works, legal names of all Owners, and when the proposed works will begin are all critical to ensure the validity of the Notification.
The case of Lehmann vs Herman (1993) shows the value of serving a legitimate Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent properties. Mr Herman wanted to fix the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. However, as Mr Herman only served the Notice in his name, Mr and Mrs Lehmann refused to accept the Notice as standing and argued that as both Mr and Mrs Herman would be regarded as Structure Owners under the Act, Mrs Herman ought to likewise be consisted of on the Notification. The disagreement wound up in court and the judge agreed with the Lehmanns that the Notification was void.
What is a Party Wall Award?
A Party Wall Award is a legally binding document between Building Owners and Adjoining Owners, which has actually been agreed by the designated surveyor( s), authorising the execution of building work in accordance with the Act. A Set up of Condition survey of the Adjoining Owners residential or commercial property, although not a specific requirement of the Party Wall etc. Act 1996, is popular and forms a reference file within the Award.
I Currently Have Preparation Authorization And/ Or Building Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is an absolutely different piece of statute legislation to the Town and Country Planning Act 1990 or the Structure Act 1984. If your prepared works would be deemed notifiable under the Party Wall Act then yes, you would have to follow the procedures set out within the Act. No Regional Authority permission or approval would eliminate the legal responsibility 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 deemed to be a wall of strong structure that sits astride a border and not being part of a structure. Any works to such walls that would be deemed notifiable under the Party Wall Act would also use to Party Fence Walls. Lumber 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 Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, position no threat of damage to their residential or commercial property, the Adjoining Owners only need to validate, in writing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having actually emerged, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to continue with solving the dispute. The Party Wall Business are often commissioned to provide suggestions on the Act and to serve the relevant Party Wall Notices, guaranteeing they are lawfully valid. A Party Wall Award is a legally binding document between Building Owners and Adjoining Owners, which has actually been agreed by the appointed 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 likewise use to Party Fence Walls.
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