- Preparing and serving legitimate Party Wall Notices
- Acting as the Building Owners Party Wall Surveyor
- Acting as the Adjoining Owners Party Wall Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and negotiation of Party Wall Awards
All our Party Wall Surveyors are specialists and operate in accordance with the policies set down by the Professors of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to adhere to this legislation may 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 etc.
Act 1996 Works In simple terms, the Party Wall and so on. Act 1996 can be divided into two stages; to start with the Notifying Stage and secondly, if needed, the Disputed Phase. The first stage is where the Structure Owners have a legal obligation to serve a formal Notice detailing the proposed works upon the Adjoining Owners. If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no hassle or, posture no risk 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 might end there. The second stage would only be triggered if the Adjacent Owners had any issues associating with the Structure Owners’ propositions or selected to ignore the Notice served by the Building Owners.
A conflict would then be considered to have actually emerged and, the structure supplied by the Party Wall and so on. Act 1996 makes it possible for a resolution so that the Building Owners could carry out works whilst supplying security to both celebrations. At the point of a “dispute” having emerged, both the Structure Owners and the Adjoining Owners need to select a Party Wall Surveyor to proceed with dealing with the dispute. This could be via separate property surveyor visits or, by consenting to a single property surveyor, called the Agreed Surveyor.
Prior to any dispute emerging, Structure Owners and Adjacent Owners do not necessarily require the services of a Party Wall Property Surveyor. The Party Wall Business are often commissioned to supply recommendations on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully valid.
What is a Party Wall Notification?
Building Owners preparing 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 Adjacent Owner who may be impacted by the Building Owners proposed works.
The case of Lehmann vs Herman (1993) reveals the importance of serving a legitimate Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining residential or commercial 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 standing and argued that as both Mr and Mrs Herman would be considered Structure Owners under the Act, Mrs Herman need to likewise be consisted of on the Notice. The disagreement wound up in court and the judge agreed with the Lehmanns that the Notification was void.
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 appointed property surveyor( s), authorising the execution of building work in accordance with the Act. An Award will likewise mention information of: how the works are to be carried out; working days and times; procedures required to protect the Adjoining Owners residential or commercial property from damage and unneeded trouble; and make provisions for making good or the payment of compensation need to damage be caused. A Set up of Condition study of the Adjoining Owners property, although not a specific requirement of the Party Wall etc. Act 1996, is customary and forms a referral document within the Award. The purpose of a Schedule of Condition study is to provide a composed and photographic record of the condition of the structure prior to any works beginning. The schedule is then referred to must any damage emerged during or after conclusion of the works
I Currently Have Planning Authorization And/ Or Building 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 Local Authority consent 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 strong structure that sits astride a border and not belonging to a building. For that reason, any works to such walls that would be deemed notifiable under the Party Wall Act would likewise apply to Party Fence Walls. Wood fencing, precast concrete posts with infill panel fencing, etc would not be deemed to be a Party Fence Wall, whether astride a border or not.
If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, position no hazard 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 actually arisen, both the Building Owners and the Adjacent Owners have to designate a Party Wall Property surveyor to proceed with dealing with the dispute. The Party Wall Business are frequently commissioned to provide recommendations on the Act and to serve the pertinent Party Wall Notices, ensuring they are legally valid. A Party Wall Award is a lawfully binding document between Structure Owners and Adjoining Owners, which has actually been concurred by the designated property 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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