Faulkners Surveyors is an independent company of structure property surveyors that specialise in the
Party Wall etc. Act 1996 acting for Structure Owners, Adjoining Owners and as the Agreed Surveyor throughout London and the Home Counties.
Party Wall (WikiPedia)
How The Party Wall and so on.
In simple terms, the Party Wall etc. If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, posture no danger of damage to their property, the Adjoining Owners just require to validate, in composing, that they consent to the works and the Party Wall and so on. The 2nd stage would just be triggered if the Adjoining Owners had any concerns relating to the Structure Owners’ proposals or chose to ignore the Notification served by the Structure Owners.
A disagreement would then be deemed to have developed and, the structure offered by the Party Wall etc. At the point of a “dispute” having occurred, both the Structure Owners and the Adjacent Owners have to designate a Party Wall Surveyor to continue with dealing with the dispute.
Prior to any conflict developing, Structure Owners and Adjoining Owners do not always require the services of a Party Wall Surveyor. The Party Wall Company are typically commissioned to offer suggestions on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally valid.
What is a Party Wall Notification?
Structure Owners planning to bring out any of the works specified within the Party Wall etc. Act 1996 have a legal obligation to serve written Notice on any Adjoining Owner who may be affected by the Building Owners proposed works.
Mr Herman wanted to fix the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman just served the Notice in his name, Mr and Mrs Lehmann declined to accept the Notice as being legitimate and argued that as both Mr and Mrs Herman would be concerned as Building Owners under the Act, Mrs Herman should likewise be included on the Notice.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file in between Structure Owners and Adjoining Owners, which has been concurred by the appointed surveyor( s), authorising the execution of structure work in accordance with the Act. A Schedule of Condition survey of the Adjoining Owners residential or commercial property, although not a specific requirement of the Party Wall etc. Act 1996, is traditional and forms a referral document within the Award.
I Currently Have Planning Approval And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a completely different piece of statute legislation to the Town and Country Preparation Act 1990 or the Building Act 1984. Therefore, if your planned 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 permission or approval would eliminate the legal commitment 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. Therefore, any works to such walls that would be deemed notifiable under the Party Wall Act would also apply to Party Fence Walls. Wood 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 Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, present no hazard of damage to their residential or commercial property, the Adjoining Owners just require to confirm, in writing, that they consent to the works and the Party Wall etc. At the point of a “conflict” having arisen, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Surveyor to proceed with solving the disagreement. The Party Wall Business are often commissioned to supply recommendations on the Act and to serve the relevant Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a lawfully binding file between Building Owners and Adjacent Owners, which has actually 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 also apply to Party Fence Walls.
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