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July 21, 2010
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The Party Wall Act
July 21, 2010
The Act enables a building owner to undertake work within the scope of the Act and unless an adjoining owner consents to the works, the act sets out a procedure whereby the matter is referred to surveyors for determination by Award. The Party Wall Act 1996 is intended to provide a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
The Act provides a fair solution to the problems that are frequently encountered when building on or adjacent boundaries or in confined areas. The Act also covers “party structures” which include walls, floors or other partitions between parts of a building in separate ownership.
Does the Act affect the ownership of a Party Wall? No, but in many cases the Act will prevent disputes arising in the first place.
The Party Wall Act provides a building owner, who wishes to carry out various sorts of work to an existing party wall, with additional rights going beyond ordinary common law rights. The Act also provides that a building owner must not cause unnecessary inconvenience. Although the Act contains no enforcement procedures, starting work without serving a notice could mean your neighbour could seek a court injunction or other legal redress. An adjoining owner cannot stop someone from exercising their rights given to them by the Act, but may be able to influence how and at what times work is undertaken. Adjoining owners should note that the primary purpose of the Act is to facilitate development.
Under the Act, notice must be served and if agreement cannot be reached, surveyors may be appointed.
If agreement cannot be reached between neighbouring parties, the process is as follows: A Surveyor or Surveyors is/are appointed to determine a fair and impartial Award, either: An ‘Agreed Surveyor’ (someone acceptable to all parties), or two surveyors representing both property owners. The two surveyors will nominate a third surveyor who would be called in only if the two surveyors cannot agree. In all cases, surveyors appointed under the dispute resolution procedure of the Act to draw up an award must behave impartially and consider the interests of both neighbours.
The surveyor (or surveyors) will prepare an “award” (also known as a “party wall award”). This is a document which: sets out the work that will be carried out, says when and how the work is to be carried out (for example, not at weekends if the buildings are domestic properties), records the condition of next door before the work begins (so that any damage can be properly attributed and made good), allows access for the surveyors to inspect the works while they are going on (to see that they are in accordance with the award). The surveyor (or surveyors) will decide who pays the fees for drawing up the award and for checking that the work has been carried out in accordance with the award.
The owner undertaking the construction is made legally responsible for putting right any damage caused by carrying out the works, even if the damage is caused by his contractor. Although minor works on a party wall are usually considered to be too trivial to come under the remit of the Act, the key point to be considered is whether any planned work will have consequences for the structural strength and support functions of the party wall.
William is a Party Wall Surveyor for Grey & Associates, and deals with Party Wall Agreements. In his spare time he enjoys scuba and freediving.
Article Source: http://EzineArticles.com/?expert=William_Farley
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A Building Survey Defined
July 21, 2010
According to the United States Department of Labor, there are listings for the occupations of blogger.., botanist…, building inspector…, surveyor…, but not “building surveyor”. Also, Wikipedia makes no mention of such a US occupation when it states, “Building Surveying emerged in the 1970s as a profession in the United Kingdom by a group of technically minded General Practice Surveyors. Building Surveying is a recognized profession within Britain and Australia….There are still many countries where it is not widely recognized as a profession.” In spite of this the term building survey is still used within the US AEC Industry.
A Building Survey is Not Similar to a Land Survey
A building survey is not performed in the same manner as land surveying is done. A land survey is performed by a licensed Surveyor who ultimately creates from his field work (i.e. survey) a drawing which is stamped, whereas a building survey is created by an unlicensed tradesman who ultimately creates from his field work (i.e. survey) a CAD file that is not stamped or certified in any way. The field work for a land survey may require the use of surveying equipment such as a level, theodolite, total station, and tripod, whereas the field work for a building survey simply consists of (And this may be the primary difference between the two different types of surveys, besides the requirement of a license for a professional land surveyor.) the process of visiting a building in order to take measurements of it with a hand held tape measure and a hand held laser distance measuring device.
The Purpose of a Building Survey
Often times a building survey is required on an AEC Industry building restoration, remodel or similar type of project, when no existing plans for the building can be found. A typical scenario is something like this: A building owner would like to gut out and remodel his six story building, and hires an Architect to design the interior renovation. The Architect cannot find existing plans for the building that would show the existing structure and mechanical systems, which need to be known in order to design the remodel.
Therefore, a building survey needs to be performed in order to create plans of the building.
Who can perform a Building Survey
Building surveying, in the context that I have mentioned, is loosely speaking a trade. It could be performed by someone who has a sufficient understanding of what would need to be documented and created, and who also would have the skill to accomplish it. For example, in the scenario project that I have previously mentioned, the Architect’s office personnel would probably perform the building survey. However, if the Architect’s staff happened to be busy working on another project, but still wanted to get the scenario project off the ground, then they could outsource the building survey work.
Closing
The question could be posed, “Could a licensed Surveyor perform a building survey?” The answer is, yes he could, but normally he would not. One reason for this would be that a skilled tradesman could provide the accuracy required for the drawings, using less technology and without the need of a license. All of these factors would reduce the service cost, at which point the Surveyor could not financially compete.
About the author: From New York City the AutoCAD Drafter Brian M. Curran runs a CAD drafting service that provides outsourced AutoCAD drafting services to AEC industry companies, homeowners and others with CAD drafting needs throughout the entire United States. For more information on Brian M. Curran’s Computer Drafting Services, or to see the original posting of this article, please visit:
http://www.draftingservices.com/building_survey.html
Article Source: http://EzineArticles.com/?expert=Brian_M._Curran
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Basic Information on Land Surveyors
July 21, 2010
Land surveyors are basically concerned with land and water boundaries. Before constructing a house or building, the land must be examined as to whether it is suitable for construction purpose.
They have to work in office, but in certain conditions they have to work on field. They must be able to work in all situations. They should also make sure that their equipments do not get damaged in rain or storm. Equipments that they should carry with them are computer aided design software, Global Positioning systems, digital cameras, laptops or personal digital assistants and metal detectors, to name a few.
This work for government agencies, construction companies, architectural and engineering firms and utility services. Some major duties of lands are Documentation research, Land Measurement, Boundary Disputes, Determining Boundaries and Legal Documentation
A person can find out property boundaries by working on legal documents and on-site measurement. He has to work outdoors most of the time and do lot of research work. Research can be done in libraries, government offices and on the computer. He should have certain qualities to become a surveyor.
To become a surveyors, he/she should have a bachelor’s degree in Surveying and Mapping or a degree in survey technology. Those people who are working in this field for several years without any formal education may find it difficult to be hired by a different employer.
Apart from the degree, he should have done knowledge in geometry, trigonometry, industrial math, engineering mechanics and law for technical methodologies.
A person must have a professional license. Requirements vary among states and jurisdictions, and many persons obtain a license in several states. New surveyors should contact the state Department of Licensing for specific requirements. Basic duties include researching legal boundaries of property in public records and other documents, such as deeds, legal records and maps.
To get a license a person should have a formal education in Bachelor of Science accredited by the Accreditation Board for Engineering and Technology. Some states provide license to people who have 8 to 12 years of surveying experience. To get a license he/she should also pass two exams. A new surveyor must first complete the fundamentals of surveying exam and then gain experience under the supervision of a licensed surveyor before being eligible to take the Principles and Practice of Surveying Exam. They should be physically fit and walk long distances while carrying equipment and stand for long periods of time.
In United States, salary of a land surveyor is somewhere $56,000, though this number varies based on location, company, experience and education. The middle 50 percent of U.S. surveyors earns $46,250 to $62,712 annually.
John Finney is a Copywriter of Texas land Surveyor. For more information visit: http://www.tcsurveying.com.
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Quantity Surveyor Yorkshire
July 20, 2010
Welcome to Quantity Surveyor Yorkshire
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