- Preparing and serving valid Party Wall Notices
- Acting as the Structure Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Surveyor
- Undertaking and preparing Schedules of Condition
- Preparation and negotiation of Party Wall Awards
All our Party Wall Surveyors are professionals and operate in accordance with the guidelines set down by the Faculty of Party Wall Surveyors.
The Party Wall Act etc. 1996 is law, failure to adhere to this legislation may result in works being illegal.
Party Wall (WikiPedia)
How The Party Wall etc.
In simplified terms, the Party Wall and so on. If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no hassle or, pose no risk of damage to their home, the Adjoining Owners just need 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 issues relating to the Structure Owners’ proposals or selected to overlook the Notification served by the Building Owners.
A disagreement would then be considered to have actually emerged and, the framework provided by the Party Wall etc. At the point of a “conflict” having occurred, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to proceed with fixing the disagreement.
Prior to any conflict arising, Building Owners and Adjoining Owners do not necessarily need the services of a Party Wall Property Surveyor. The Party Wall Company are frequently commissioned to provide suggestions on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally legitimate.
What is a Party Wall Notification?
Building 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 affected by the Structure 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 Notification on Mr and Mrs Lehmann. However, 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 should also be included on the Notification. The disagreement ended 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 document between Building Owners and Adjoining Owners, which has actually been concurred by the designated surveyor( s), authorising the execution of building work in accordance with the Act. An Award will also specify details of: how the works are to be carried out; working times and days; measures required to protect the Adjoining Owners residential or commercial property from damage and unnecessary hassle; and make provisions for making good or the payment of payment need to damage be caused. An Arrange of Condition survey of the Adjoining Owners residential or commercial property, although not a specific requirement of the Party Wall and so on. Act 1996, is traditional and forms a reference file within the Award. The purpose of a Schedule of Condition study is to provide a composed and photographic record of the condition of the building prior to any works starting. The schedule is then described needs to any damage come to light during or after conclusion of the works
I Currently Have Preparation Consent And/ Or Building 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 Preparation Act 1990 or the Structure Act 1984. If your planned 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 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 strong structure that sits astride a boundary and not being part of a structure. Any works to such walls that would be considered notifiable under the Party Wall Act would also use to Party Fence Walls. Timber fencing, precast concrete posts with infill panel fencing, etc would not be deemed to be a Party Fence Wall, whether astride a boundary or not.
If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, present no danger of damage to their residential or commercial property, the Adjoining Owners just need to confirm, in writing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having actually emerged, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to continue with solving the dispute. The Party Wall Business are frequently commissioned to offer recommendations on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally valid. A Party Wall Award is a lawfully binding document in between Structure Owners and Adjacent Owners, which has been agreed by the selected property surveyor( s), authorising the execution of structure work in accordance with the Act. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise apply to Party Fence Walls.
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