Faulkners Surveyors As qualified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every aspect essential to advise upon and deal with Party Wall concerns, such as:
- Preparing and serving valid Party Wall Notices
- Acting as the Building Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Surveyor
- Acting as the Agreed Party Wall Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and negotiation of Party Wall Awards
All our Party Wall Surveyors are experts and work in accordance with the guidelines set down by the Professors of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to abide by this legislation may result in works being unlawful.
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 simplified terms, the Party Wall and so on. Act 1996 can be split into two stages; to start with the Notifying Stage and secondly, if required, the Disputed Stage. The first stage is where the Structure Owners have a legal responsibility to serve an official Notification 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 property, the Adjoining Owners only require to verify, in composing, that they grant the works and the Party Wall etc. Act 1996 could end there. The second phase would only be activated if the Adjacent Owners had any issues connecting to the Structure Owners’ propositions or chose to overlook the Notice served by the Building Owners.
A dispute would then be deemed to have actually developed and, the framework offered by the Party Wall etc. At the point of a “dispute” having actually developed, both the Building Owners and the Adjoining Owners have to designate a Party Wall Surveyor to continue with resolving the dispute.
Party Wall Surveyors are duty bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any conflict arising, Structure Owners and Adjoining Owners do not always need the services of a Party Wall Surveyor. The Party Wall Business are frequently commissioned to supply suggestions on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally legitimate. As soon as designated, the Surveyors will consider the proposed works and concur a Party Wall Award which would detail the structure works and how they must be undertaken. The rights given within the Party Wall Award are subject to the Building Owners making great any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notification?
Building Owners planning to carry out any of the works defined within the Party Wall etc. Act 1996 have a legal responsibility to serve written Notice on any Adjoining Owner who might be impacted by the Building Owners proposed works. There is no main design template for a Notice. Sufficient detail of the proposed works, legal names of all Owners, and when the proposed works will start are all important to make sure the credibility of the Notification.
The case of Lehmann vs Herman (1993) shows the significance of serving a legitimate Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent properties. 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 Notice in his name, Mr and Mrs Lehmann refused to accept the Notice as being valid and argued that as both Mr and Mrs Herman would be regarded as Building Owners under the Act, Mrs Herman should also be consisted of on the Notification. The conflict wound up in court and the judge agreed with the Lehmanns that the Notice was void.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Structure Owners and Adjacent Owners, which has actually been concurred by the appointed property surveyor( s), authorising the execution of structure work in accordance with the Act. An Award will also mention details of: how the works are to be undertaken; working days and times; measures needed to protect the Adjoining Owners home from damage and unnecessary trouble; and make provisions for making good or the payment of settlement must damage be triggered. A Schedule of Condition survey of the Adjoining Owners home, although not a particular requirement of the Party Wall etc. Act 1996, is customary and forms a recommendation document within the Award. The function of an Arrange of Condition survey is to offer a written and photographic record of the condition of the building prior to any works starting. The schedule is then described must any damage emerged throughout or after completion of the works
I Already 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 procedures set out within the Act. No Regional Authority permission or approval would get rid of the legal commitment 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 solid structure that sits astride a boundary and not belonging to a building. Any works to such walls that would be deemed notifiable under the Party Wall Act would also apply 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 border or not.
If the Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, posture no hazard of damage to their residential or commercial property, the Adjoining Owners only need to confirm, in writing, that they consent to the works and the Party Wall etc. At the point of a “disagreement” having developed, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to proceed with dealing with the conflict. The Party Wall Business are often commissioned to offer recommendations on the Act and to serve the relevant Party Wall Notices, guaranteeing they are lawfully legitimate. A Party Wall Award is a legally binding file in between Structure Owners and Adjacent Owners, which has actually been agreed by the designated 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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