The Faulkners Surveyors is an expert Chartered Building Surveying Practice that runs throughout UK. The Faulkners Surveyors undertakes all elements of the Party Wall etc. Act 1996 and supplies the following services:
Unbiased suggestions on all Party Wall Matters
Preparation and service of valid Party Wall Notices
Acting as Party Wall Property Surveyor for either Adjoining Owners or Building Owners
Acting as the Agreed Party Wall Surveyor
Undertaking Schedules of Condition studies
Preparation and settlement of Party Wall Awards (Agreements).
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.
In simplistic terms, the Party Wall and so on. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no trouble or, position no risk of damage to their property, the Adjoining Owners only require to verify, in writing, that they consent to the works and the Party Wall etc. The 2nd stage would just be set off if the Adjoining Owners had any concerns relating to the Building Owners’ proposals or chose to neglect the Notification served by the Structure Owners.
A disagreement would then be considered to have actually developed and, the framework supplied by the Party Wall etc. At the point of a “conflict” having actually developed, both the Structure Owners and the Adjoining Owners have to select a Party Wall Surveyor to proceed with solving the disagreement.
Prior to any dispute occurring, Structure Owners and Adjoining Owners do not necessarily need the services of a Party Wall Property Surveyor. The Party Wall Business are often commissioned to supply advice on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid.
What is a Party Wall Notice?
Structure Owners preparing to carry out any of the works specified within the Party Wall and so on. Act 1996 have a legal obligation to serve written Notice on any Adjoining Owner who might be impacted by the Structure Owners proposed works.
Mr Herman desired to repair the Party Fence Wall that divided the 2 gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman only served the Notice in his name, Mr and Mrs Lehmann refused to accept the Notification as being legitimate and argued that as both Mr and Mrs Herman would be regarded as Structure Owners under the Act, Mrs Herman must likewise be included on the Notification.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file in between Structure Owners and Adjoining Owners, which has actually been concurred by the designated surveyor( s), authorising the execution of structure work in accordance with the Act. An Award will likewise mention details of: how the works are to be carried out; working times and days; measures required to protect the Adjoining Owners home from damage and unnecessary trouble; and make provisions for making good or the payment of payment should harm be caused. An Arrange of Condition study of the Adjoining Owners property, although not a specific requirement of the Party Wall and so on. Act 1996, is popular and forms a recommendation document within the Award. The function of a Set up of Condition study is to supply a written and photographic record of the condition of the structure prior to any works beginning. The schedule is then described ought to any damage emerged during or after completion of the works
I Currently Have Preparation Approval And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a totally different piece of statute legislation to the Town and Country Planning Act 1990 or the Structure Act 1984. For that reason, 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 Local Authority consent 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 considered to be a wall of strong 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 likewise use 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 limit or not.
If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no hassle or, present no threat of damage to their home, the Adjoining Owners just need to verify, in composing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having developed, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to continue with solving the dispute. The Party Wall Company are typically commissioned to supply recommendations on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully legitimate. A Party Wall Award is a lawfully binding document between Structure Owners and Adjoining Owners, which has been agreed by the appointed 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 use to Party Fence Walls.
Around the Web