Faulkners Surveyors (Party Wall) was developed in 2010 and has grown rapidly over the past years as a professional firm offering dedicated and professional services. Our group are devoted to providing a quality service for affordable and transparent costs.
Our objective is to make the procedure as smooth and simple as possible by taking all matters forward progressive and in line with the Act. We intend to keep all parties approximately date with the procedure and provide guarantee and convenience in the knowledge that qualified experts in Party Wall Matters have been designated. The assurance that our property surveyors are members of the Faculty of Party Wall Surveyors which the firm is a recognised RICS firm offers a network of security and benefiting elements of the assistance and support of governing bodies.
The director of Faulkners Surveyors (Party Wall) is also a chair for the Northern Home Counties area of the Faculty of Faulkners Surveyors (Party Wall) whom supplies regular satisfies to make sure all regional surveyors have access to continuous assistance and training. This makes sure that we are up to date with pertinent and current case Law as well as general practices and working policies.
Faulkners Surveyors (Party Wall) is for that reason not just acknowledged for its professional group and cost effective services by customers however also by and within the network of Party Wall Surveyors both in your area and nationally.
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.
In simple terms, the Party Wall etc. If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, present no risk of damage to their residential or commercial property, the Adjoining Owners just require to verify, in writing, that they consent to the works and the Party Wall and so on. The 2nd phase would just be activated if the Adjoining Owners had any issues relating to the Building Owners’ propositions or selected to ignore the Notice served by the Structure Owners.
A conflict would then be deemed to have emerged and, the structure supplied by the Party Wall and so on. 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 developed, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to proceed with fixing the dispute. This could be through separate surveyor visits or, by accepting a single surveyor, called the Agreed Property surveyor.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any dispute developing, Building Owners and Adjoining Owners do not always need the services of a Party Wall Property Surveyor. However, The Party Wall Company are frequently commissioned to provide suggestions on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid. When selected, the Surveyors will consider the proposed works and concur a Party Wall Award which would detail the building works and how they should be undertaken. The rights granted within the Party Wall Award go through the Structure Owners making great any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notification?
Structure Owners planning to carry out any of the works specified within the Party Wall etc. Act 1996 have a legal responsibility to serve written Notice on any Adjoining Owner who may be impacted by the Structure 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 adjoining homes. Mr Herman wished to repair the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman only served the Notification in his name, Mr and Mrs Lehmann declined to accept the Notice as being valid and argued that as both Mr and Mrs Herman would be related to as Structure Owners under the Act, Mrs Herman must also be consisted of on the Notice. The disagreement wound up in court and the judge agreed with the Lehmanns that the Notice was invalid.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding document between Building Owners and Adjacent Owners, which has been concurred by the selected surveyor( s), authorising the execution of building work in accordance with the Act. An Award will likewise state information of: how the works are to be carried out; working days and times; steps required to secure the Adjoining Owners home from damage and unneeded inconvenience; and make provisions for making great or the payment of payment ought to harm be triggered. An Arrange of Condition study of the Adjoining Owners home, although not a specific requirement of the Party Wall etc. Act 1996, is customary and forms a reference document within the Award. The purpose of a Set up of Condition survey is to offer a composed and photographic record of the condition of the structure prior to any works commencing. The schedule is then referred to should any damage come to light during or after conclusion of the works
I Already Have Preparation Approval And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?
The Party Wall etc. Act 1996 is an absolutely separate piece of statute legislation to the Town and Country Planning Act 1990 or the Structure Act 1984. If your planned 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 boundary and not being part of a structure. Any works to such walls that would be considered notifiable under the Party Wall Act would likewise apply to Party Fence Walls. Lumber fencing, precast concrete posts with infill panel fencing, etc would not be deemed to be a Party Fence Wall, whether astride a boundary or not.
If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, present no hazard of damage to their home, the Adjoining Owners only need to confirm, in writing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having arisen, both the Building Owners and the Adjacent Owners have to select a Party Wall Property surveyor to continue with solving the disagreement. The Party Wall Company are typically commissioned to provide guidance on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully valid. A Party Wall Award is a legally binding document between Structure Owners and Adjacent Owners, which has actually 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 considered notifiable under the Party Wall Act would also apply to Party Fence Walls.
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