We are Party Wall Surveyors specialising in party wall concerns in UK. We have over twenty 5 years experience of working in UK, acting for professionals, organizations, along with for people.
Each brief is distinct, and our devoted group of party wall property surveyors is experienced in handling all manner of problems relating to party walls. We are proud to offer a bespoke service to match the differing needs of our clients.
This website is designed to supply standard details along with offering you the opportunity to call us straight with your requirements and problems, hence enabling our professional Party Wall Surveyors to encourage you appropriately.
The existing legislation dealing with party walls and associated matters is the Party Wall etc. Act 1996, which governs the rights and commitments of those proposing work to party walls/structures, and/or underpinning thereof, surrounding excavations and/or structures (including stacked structures).
Our group of Faulkners Surveyors Party Wall Surveyors provides a special specific niche service, which enables you to have the very best quality service at competitively priced costs.
To find out more contact among our Faulkners Surveyors Party Wall property 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 and so on.
Act 1996 Works In simplified terms, the Party Wall etc. Act 1996 can be split into 2 stages; to start with the Notifying Phase and second of all, if needed, the Disputed Stage. The first stage is where the Building Owners have a legal commitment to serve a formal Notice detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, posture no danger of damage to their residential or commercial property, the Adjoining Owners just need to validate, in writing, that they grant the works and the Party Wall etc. Act 1996 could end there. The 2nd stage would just be activated if the Adjoining Owners had any issues connecting to the Structure Owners’ proposals or chose to overlook the Notice served by the Structure Owners.
A conflict would then be considered to have developed and, the structure supplied by the Party Wall etc. Act 1996 makes it possible for a resolution so that the Building Owners might carry out works whilst providing protection to both parties. At the point of a “disagreement” having arisen, both the Structure Owners and the Adjacent Owners have to select a Party Wall Surveyor to proceed with fixing the dispute. This could be through separate surveyor consultations or, by consenting to a single surveyor, called the Agreed Surveyor.
Party Wall Surveyors are responsibility bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any disagreement 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 guidance on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally legitimate. As soon as designated, the Surveyors will consider the proposed works and agree a Party Wall Award which would information the building works and how they ought to be carried out. The rights approved within the Party Wall Award undergo the Structure Owners making good any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notification?
Building Owners planning to perform any of the works defined within the Party Wall etc. Act 1996 have a legal obligation to serve written Notice on any Adjacent Owner who may be impacted by the Building Owners proposed works. There is no official design template for a Notice. Adequate information of the proposed works, legal names of all Owners, and when the proposed works will commence are all vital to ensure the validity of the Notice.
The case of Lehmann vs Herman (1993) shows the value 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 Notification on Mr and Mrs Lehmann. Nevertheless, 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 considered as Building Owners under the Act, Mrs Herman should likewise be consisted of on the Notice. The conflict wound 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 been agreed by the designated property surveyor( s), authorising the execution of structure work in accordance with the Act. A Schedule of Condition study of the Adjoining Owners residential or commercial property, although not a specific requirement of the Party Wall etc. Act 1996, is customary and forms a reference file within the Award.
I Currently Have Preparation Authorization And/ Or Building Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall etc. Act 1996 is a completely separate piece of statute legislation to the Town and Nation Planning Act 1990 or the Building Act 1984. For that reason, if your planned works would be deemed 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 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 considered to be a wall of solid structure that sits astride a boundary and not being part of a structure. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise use 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 boundary or not.
If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, present no danger of damage to their 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 “conflict” having emerged, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to continue with resolving the dispute. The Party Wall Company are typically commissioned to provide suggestions on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally legitimate. A Party Wall Award is a lawfully binding document in between Structure Owners and Adjoining Owners, which has been concurred by the designated 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 use to Party Fence Walls.
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