Faulkners Surveyors As certified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element required to encourage upon and resolve 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 Property Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are professionals and work in accordance with the policies set down by the Faculty of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to comply with this legislation might lead to 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 and so on.
Act 1996 Functions In simple terms, the Party Wall etc. Act 1996 can be split into 2 stages; to start with the Notifying Stage and secondly, if required, the Disputed Phase. The first stage is where the Building Owners have a legal commitment to serve an official Notification detailing the proposed works upon the Adjoining Owners. If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no inconvenience or, posture no threat of damage to their home, the Adjoining Owners just need to validate, in writing, that they consent to the works and the Party Wall etc. Act 1996 could end there. The second phase would just be activated if the Adjacent Owners had any concerns connecting to the Building Owners’ propositions or picked to ignore the Notice served by the Building Owners.
A conflict would then be considered to have developed and, the framework supplied by the Party Wall etc. At the point of a “dispute” having actually developed, both the Building Owners and the Adjacent Owners have to designate a Party Wall Surveyor to continue with solving the disagreement.
Prior to any conflict occurring, Building Owners and Adjacent Owners do not necessarily require the services of a Party Wall Property Surveyor. The Party Wall Company are typically commissioned to offer advice on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully legitimate.
What is a Party Wall Notice?
Structure Owners planning to carry out any of the works specified within the Party Wall etc. Act 1996 have a legal obligation to serve written Notice on any Adjacent Owner who may be impacted by the Building Owners proposed works. There is no official design template for a Notice. However, enough detail of the proposed works, legal names of all Owners, and when the proposed works will start are all crucial to guarantee the credibility of the Notice.
The case of Lehmann vs Herman (1993) shows the significance of serving a legitimate Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining homes. Mr Herman wanted to fix the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. Nevertheless, as Mr Herman just served the Notice 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 regarded as Building Owners under the Act, Mrs Herman must likewise be included on the Notice. The conflict 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 Structure Owners and Adjacent Owners, which has been agreed by the selected property surveyor( s), authorising the execution of building work in accordance with the Act. A Schedule 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.
I Currently Have Preparation 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 treatments set out within the Act. No Regional Authority approval or approval would remove 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 boundary and not becoming part of a structure. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise 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 border or not.
If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, pose no risk of damage to their property, the Adjoining Owners just need to validate, in composing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having occurred, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to proceed with resolving the conflict. The Party Wall Business are typically commissioned to supply recommendations 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 Adjacent Owners, which has actually been concurred by the appointed 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 use to Party Fence Walls.
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