We are Party Wall Surveyors specialising in party wall issues in UK. We have over twenty 5 years experience of operating in UK, acting for experts, services, in addition to for individuals.
Each quick is unique, and our dedicated group of party wall surveyors is experienced in dealing with all manner of problems connecting to party walls. We are proud to offer a bespoke service to match the varying needs of our clients.
This site is created to supply standard details in addition to offering you the chance to call us straight with your requirements and issues, hence enabling our specialist Party Wall Surveyors to recommend you appropriately.
The existing legislation dealing with party walls and associated matters is the Party Wall and so on. Act 1996, which governs the rights and obligations of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or structures (consisting of stacked foundations).
Our group of Faulkners Surveyors Party Wall Surveyors offers a special specific niche service, which enables you to have the best quality service at competitively priced costs.
To learn more contact one of our Faulkners Surveyors Party Wall surveyors on 03300100262.
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 simplistic terms, the Party Wall and so on. Act 1996 can be divided into two stages; firstly the Notifying Stage and second of all, if needed, the Disputed Stage. The first stage is where the Structure Owners have a legal obligation to serve an official Notice detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, posture no threat of damage to their residential or commercial property, the Adjoining Owners just need to verify, in writing, that they grant the works and the Party Wall and so on. Act 1996 might end there. The second stage would just be activated if the Adjacent Owners had any concerns relating to the Building Owners’ proposals or picked to ignore the Notification served by the Structure Owners.
A dispute would then be deemed to have emerged and, the framework provided by the Party Wall and so on. Act 1996 makes it possible for a resolution so that the Building Owners might undertake works whilst supplying protection to both parties. At the point of a “dispute” having arisen, both the Structure Owners and the Adjacent Owners need to select a Party Wall Surveyor to proceed with fixing the disagreement. This could be via different surveyor visits or, by consenting to a single surveyor, called the Agreed Property surveyor.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any disagreement occurring, Structure Owners and Adjoining Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Company are often commissioned to provide recommendations on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally valid. As soon as selected, the Surveyors will think about the proposed works and concur a Party Wall Award which would detail the structure works and how they ought to be undertaken. The rights approved within the Party Wall Award go through the Structure 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 specified within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notice on any Adjoining Owner who may be impacted by the Building Owners proposed works. There is no official design template for a Notice. Adequate detail of the proposed works, legal names of all Owners, and when the proposed works will start are all critical to make sure the validity of the Notification.
The case of Lehmann vs Herman (1993) reveals the significance of serving a legitimate Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining properties. Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notification 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 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 Notification. The conflict ended up in court and the judge agreed with the Lehmanns that the Notification was invalid.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Building Owners and Adjacent Owners, which has been concurred by the designated surveyor( s), authorising the execution of building work in accordance with the Act. An Arrange of Condition survey of the Adjoining Owners property, although not a particular requirement of the Party Wall etc. Act 1996, is traditional and forms a recommendation document within the Award.
I Currently Have Preparation Approval And/ Or Building Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is an absolutely separate piece of statute legislation to the Town and Nation Planning Act 1990 or the Building Act 1984. Therefore, if your prepared works would be deemed notifiable under the Party Wall Act then yes, you would need to follow the procedures set out within the Act. No Regional Authority consent or approval would get rid of 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 deemed to be a wall of solid structure that sits astride a limit and not becoming part of a structure. Any works to such walls that would be considered 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 Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, position no hazard 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. At the point of a “disagreement” having developed, both the Structure Owners and the Adjacent Owners have to designate a Party Wall Property surveyor to proceed with fixing the disagreement. The Party Wall Business are frequently commissioned to provide advice on the Act and to serve the relevant Party Wall Notices, guaranteeing they are lawfully valid. A Party Wall Award is a lawfully binding document 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. Any works to such walls that would be considered notifiable under the Party Wall Act would likewise use to Party Fence Walls.
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