Faulkners Surveyors is an independent company of structure surveyors that specialise in the
Party Wall etc. Act 1996 acting for Building Owners, Adjoining Owners and as the Agreed Surveyor throughout London and the House Counties.
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 simplified terms, the Party Wall and so on. If the Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no trouble or, present no threat of damage to their property, the Adjoining Owners only require to validate, in composing, that they consent to the works and the Party Wall and so on. The 2nd phase would just be set off if the Adjacent Owners had any issues relating to the Structure Owners’ propositions or chose to ignore the Notification served by the Building Owners.
A conflict would then be deemed to have arisen and, the structure offered by the Party Wall etc. Act 1996 enables a resolution so that the Building Owners could carry out works whilst offering security to both celebrations. At the point of a “disagreement” having occurred, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Surveyor to proceed with dealing with the conflict. This could be through different surveyor appointments or, by agreeing to a single property surveyor, called the Agreed Property surveyor.
Party Wall Surveyors are responsibility bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any conflict arising, Structure Owners and Adjacent Owners do not always require the services of a Party Wall Surveyor. The Party Wall Business are typically commissioned to supply suggestions on the Act and to serve the relevant Party Wall Notices, ensuring they are lawfully legitimate. As soon as designated, the Surveyors will consider the proposed works and agree a Party Wall Award which would detail the structure works and how they must be carried out. The rights granted within the Party Wall Award undergo the Structure Owners making great any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notice?
Building Owners preparing to bring out any of the works defined within the Party Wall etc. Act 1996 have a legal responsibility to serve written Notification on any Adjacent Owner who might be impacted by the Structure Owners proposed works.
The case of Lehmann vs Herman (1993) reveals the value of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining homes. Mr Herman wished to fix the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. However, as Mr Herman only served the Notification in his name, Mr and Mrs Lehmann refused to accept the Notification as standing and argued that as both Mr and Mrs Herman would be considered Building Owners under the Act, Mrs Herman need to likewise be consisted of on the Notification. The dispute 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 legally binding file in between Building Owners and Adjacent Owners, which has been agreed by the designated surveyor( s), authorising the execution of structure work in accordance with the Act. A Set up of Condition survey of the Adjoining Owners property, although not a specific requirement of the Party Wall etc. Act 1996, is popular and forms a recommendation document within the Award.
I Already Have Preparation Permission And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall etc. Act 1996 is a totally separate piece of statute legislation to the Town and Country Planning Act 1990 or the Structure Act 1984. If your planned works would be deemed 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 eliminate the legal responsibility 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 belonging to a building. Any works to such walls that would be deemed 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 Structure Owners’ proposed works will be of no hassle or, position no hazard of damage to their home, the Adjoining Owners only require to verify, in composing, that they consent to the works and the Party Wall and so on. At the point of a “conflict” having occurred, both the Structure Owners and the Adjacent Owners have to select a Party Wall Surveyor to continue with resolving the disagreement. The Party Wall Company are often commissioned to provide guidance on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally valid. A Party Wall Award is a lawfully binding file in between Structure Owners and Adjoining 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.
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