Faulkners Surveyors As qualified and experienced Party Wall Surveyors we specialise in all Party Wall matters.
We cover every element necessary to recommend upon and deal with Party Wall problems, such as:
- Preparing and serving legitimate Party Wall Notices
- Acting as the Building Owners Party Wall Property Surveyor
- Acting as the Adjoining Owners Party Wall 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 abide by this legislation may result in works being unlawful.
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 and so on. Act 1996 can be divided into 2 stages; to start with the Notifying Phase and second of all, if needed, the Disputed Stage. The first stage is where the Structure Owners have a legal commitment to serve an official Notification detailing the proposed works upon the Adjacent Owners. 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 home, the Adjoining Owners just require to validate, in composing, that they grant the works and the Party Wall etc. Act 1996 could end there. The second stage would just be set off if the Adjoining Owners had any concerns connecting to the Building Owners’ propositions or picked to overlook the Notification served by the Structure Owners.
A dispute would then be deemed to have actually emerged and, the structure offered by the Party Wall etc. Act 1996 allows a resolution so that the Structure Owners could undertake works whilst offering defense to both celebrations. At the point of a “disagreement” having arisen, both the Building Owners and the Adjoining Owners need to appoint a Party Wall Property surveyor to proceed with fixing the disagreement. This could be through different property surveyor visits or, by accepting a single surveyor, called the Agreed Surveyor.
Prior to any disagreement developing, Building Owners and Adjoining Owners do not always require 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 pertinent Party Wall Notices, guaranteeing they are lawfully valid.
What is a Party Wall Notice?
Structure Owners planning to bring out any of the works specified within the Party Wall and so on. Act 1996 have a legal responsibility to serve written Notification on any Adjoining Owner who might be affected by the Structure Owners proposed works.
Mr Herman wanted to repair the Party Fence Wall that divided the 2 gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman just served the Notification in his name, Mr and Mrs Lehmann declined to accept the Notification as being valid and argued that as both Mr and Mrs Herman would be concerned as Structure Owners under the Act, Mrs Herman must also be included on the Notification.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file in between Building Owners and Adjacent Owners, which has actually been agreed by the designated property surveyor( s), authorising the execution of building work in accordance with the Act. An Award will likewise state information of: how the works are to be undertaken; working days and times; measures needed to protect the Adjoining Owners home from damage and unneeded inconvenience; and make provisions for making good or the payment of settlement ought to harm be triggered. A Schedule of Condition study of the Adjoining Owners home, although not a particular requirement of the Party Wall and so on. Act 1996, is popular and forms a referral document within the Award. The purpose of a Schedule of Condition study is to provide a composed and photographic record of the condition of the structure prior to any works beginning. The schedule is then referred to needs to any damage emerged during or after completion of the works
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 an absolutely separate piece of statute legislation to the Town and Nation Planning Act 1990 or the Structure Act 1984. 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 Regional Authority approval or approval would get rid of 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 considered to be a wall of solid structure that sits astride a limit and not belonging to a building. Therefore, any works to such walls that would be considered notifiable under the Party Wall Act would also 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 border or not.
If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, posture no risk of damage to their home, the Adjoining Owners only require to validate, in writing, that they consent to the works and the Party Wall etc. At the point of a “disagreement” having arisen, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to continue with resolving the disagreement. The Party Wall Company are often commissioned to offer suggestions on the Act and to serve the relevant Party Wall Notices, ensuring they are lawfully valid. A Party Wall Award is a lawfully binding file in between Structure Owners and Adjacent Owners, which has been agreed by the appointed property surveyor( s), authorising the execution of structure work in accordance with the Act. Any works to such walls that would be considered notifiable under the Party Wall Act would also apply to Party Fence Walls.
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