Faulkners Surveyors is an independent firm of building surveyors that specialise in the
Party Wall and so on. Act 1996 acting for Building Owners, Adjacent Owners and as the Agreed Property Surveyor throughout London and the Home Counties.
Party Wall (WikiPedia)
How The Party Wall etc.
In simple terms, the Party Wall and so on. If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no hassle or, present no danger of damage to their property, the Adjoining Owners just require to confirm, in composing, that they consent to the works and the Party Wall etc. The 2nd stage would just be set off if the Adjacent Owners had any concerns relating to the Structure Owners’ proposals or selected to neglect the Notification served by the Structure Owners.
A conflict would then be considered to have emerged and, the framework provided by the Party Wall and so on. Act 1996 enables a resolution so that the Building Owners could undertake works whilst providing protection to both celebrations. At the point of a “dispute” having actually emerged, both the Building Owners and the Adjacent Owners have to designate a Party Wall Property surveyor to proceed with solving the conflict. This could be through separate property surveyor consultations or, by agreeing to a single surveyor, called the Agreed Surveyor.
Prior to any disagreement occurring, Building Owners and Adjoining Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Business are typically commissioned to provide advice on the Act and to serve the appropriate Party Wall Notices, ensuring they are lawfully legitimate.
What is a Party Wall Notice?
Building Owners preparing to perform any of the works defined within the Party Wall etc. Act 1996 have a legal commitment to serve written Notice on any Adjacent Owner who might be impacted by the Building Owners proposed works. There is no official template for a Notice. Enough detail of the proposed works, legal names of all Owners, and when the proposed works will begin are all crucial to ensure the validity of the Notice.
The case of Lehmann vs Herman (1993) reveals the significance of serving a valid Notice. 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 Notice on Mr and Mrs Lehmann. Nevertheless, as Mr Herman only served the Notification in his name, Mr and Mrs Lehmann refused to accept the Notice as being valid and argued that as both Mr and Mrs Herman would be considered Structure Owners under the Act, Mrs Herman should likewise be included 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 legally binding file between Structure Owners and Adjoining Owners, which has actually been agreed by the selected surveyor( s), authorising the execution of building work in accordance with the Act. A Set up of Condition study of the Adjoining Owners residential or commercial property, although not a specific requirement of the Party Wall and so on. Act 1996, is popular and forms a reference document within the Award.
I Already Have Preparation Consent And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
If your planned works would be deemed notifiable under the Party Wall Act then yes, you would have to follow the procedures set out within the Act. No Local Authority permission or approval would remove the legal responsibility 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. For that reason, any works to such walls that would be deemed notifiable under the Party Wall Act would also apply 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 border or not.
If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no hassle or, present no threat of damage to their residential or commercial property, the Adjoining Owners only require to verify, in writing, that they consent to the works and the Party Wall etc. At the point of a “disagreement” having actually emerged, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to continue with resolving the disagreement. The Party Wall Business are often commissioned to offer suggestions on the Act and to serve the appropriate Party Wall Notices, ensuring they are lawfully legitimate. A Party Wall Award is a lawfully binding document between Building Owners and Adjacent Owners, which has been agreed by the selected 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 apply to Party Fence Walls.
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