- Preparing and serving valid Party Wall Notices
- Acting as the Structure Owners Party Wall Surveyor
- Acting as the Adjoining Owners Party Wall Property Surveyor
- Acting as the Agreed Party Wall Property Surveyor
- Carrying out and preparing Schedules of Condition
- Preparation and settlement of Party Wall Awards
All our Party Wall Surveyors are professionals and operate in accordance with the guidelines set down by the Professors of Party Wall Surveyors.
The Party Wall Act and so on 1996 is law, failure to comply with this legislation might result in works being illegal.
Party Wall (WikiPedia)
How The Party Wall and so on.
Act 1996 Works In simplified terms, the Party Wall etc. Act 1996 can be split into 2 phases; firstly the Notifying Stage and second of all, if needed, the Disputed Phase. The first stage is where the Building Owners have a legal commitment to serve an official Notification detailing the proposed works upon the Adjacent Owners. If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, position no threat of damage to their property, the Adjoining Owners only need to confirm, in composing, that they grant the works and the Party Wall etc. Act 1996 might end there. The second stage would just be triggered if the Adjoining Owners had any issues associating with the Structure Owners’ propositions or picked to disregard the Notice served by the Building Owners.
A conflict would then be deemed to have actually emerged and, the structure provided by the Party Wall and so on. At the point of a “disagreement” having actually occurred, both the Building Owners and the Adjacent Owners have to designate a Party Wall Surveyor to proceed with dealing with the dispute.
Party Wall Surveyors are duty bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any dispute developing, Building Owners and Adjoining Owners do not necessarily need the services of a Party Wall Property Surveyor. Nevertheless, The Party Wall Business are frequently commissioned to offer guidance on the Act and to serve the relevant Party Wall Notices, ensuring they are lawfully valid. As soon as designated, the Surveyors will consider the proposed works and concur a Party Wall Award which would detail the structure works and how they need to be undertaken. The rights granted within the Party Wall Award are subject to the Building Owners making good any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notice?
Building Owners planning to carry out any of the works specified within the Party Wall etc. Act 1996 have a legal responsibility to serve written Notice on any Adjacent Owner who may be affected by the Building Owners proposed works. There is no official design template for a Notification. Nevertheless, sufficient detail of the proposed works, legal names of all Owners, and when the proposed works will commence are all crucial to ensure the validity of the Notice.
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 adjacent residential or commercial properties. Mr Herman wished to fix the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman only served the Notification in his name, Mr and Mrs Lehmann refused to accept the Notice as being legitimate and argued that as both Mr and Mrs Herman would be regarded as Building Owners under the Act, Mrs Herman must also be consisted of on the Notice. The disagreement wound up in court and the judge agreed with the Lehmanns that the Notice was void.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding document in between Structure Owners and Adjacent Owners, which has been agreed 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 days and times; procedures needed to secure the Adjoining Owners home from damage and unneeded inconvenience; and make provisions for making great or the payment of settlement ought to damage be caused. An Arrange of Condition study of the Adjoining Owners property, although not a particular requirement of the Party Wall etc. Act 1996, is customary and forms a reference file within the Award. The function of a Schedule of Condition survey is to provide a composed and photographic record of the condition of the building prior to any works starting. The schedule is then referred to needs to any damage come to light throughout or after completion of the works
I Currently Have Planning Authorization And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?
The Party Wall etc. Act 1996 is a totally different piece of statute legislation to the Town and Country Planning Act 1990 or the Building Act 1984. If your prepared works would be considered notifiable under the Party Wall Act then yes, you would have to follow the procedures set out within the Act. No Local 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 considered to be a wall of strong structure that sits astride a border and not being part of a building. For that reason, any works to such walls that would be deemed notifiable under the Party Wall Act would likewise apply to Party Fence Walls. Lumber 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 pleased that the Structure Owners’ proposed works will be of no trouble or, pose no risk 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. At the point of a “dispute” having occurred, both the Building Owners and the Adjoining Owners have to select a Party Wall Surveyor to proceed with solving the conflict. The Party Wall Company are often commissioned to supply suggestions on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a legally binding file between Structure Owners and Adjacent Owners, which has been concurred 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 use to Party Fence Walls.
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