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Party Wall (WikiPedia)
How The Party Wall and so on.
In simplified terms, the Party Wall and so on. If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, position no risk of damage to their residential or commercial property, the Adjoining Owners just need to validate, in composing, that they consent to the works and the Party Wall etc. The second phase would just be set off if the Adjacent Owners had any concerns relating to the Structure Owners’ propositions or selected to neglect the Notification served by the Building Owners.
A dispute would then be considered to have occurred and, the structure offered by the Party Wall etc. At the point of a “conflict” having developed, both the Building Owners and the Adjacent Owners have to select a Party Wall Surveyor to continue with dealing with the disagreement.
Party Wall Surveyors are responsibility bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any disagreement arising, Building Owners and Adjacent Owners do not necessarily need the services of a Party Wall Property Surveyor. The Party Wall Company are frequently commissioned to supply suggestions on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are legally legitimate. When appointed, the Surveyors will think about the proposed works and agree a Party Wall Award which would detail the structure works and how they ought to be carried out. The rights approved within the Party Wall Award are subject to 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 carry out any of the works specified within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notification on any Adjoining Owner who might be impacted by the Building Owners proposed works.
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 fix the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. Nevertheless, as Mr Herman only served the Notification 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 regarded as Structure Owners under the Act, Mrs Herman should likewise be consisted of on the Notice. The dispute ended up in court and the judge agreed with the Lehmanns that the Notification was invalid.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Building Owners and Adjacent Owners, which has been agreed by the selected property surveyor( s), authorising the execution of building work in accordance with the Act. A Schedule of Condition survey of the Adjoining Owners home, although not a specific requirement of the Party Wall etc. Act 1996, is customary and forms a reference file within the Award.
I Already Have Preparation Consent And/ Or Structure Control Approval. Do I Still Required 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 Country Planning Act 1990 or the Building Act 1984. For that reason, 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 approval or approval would remove the legal responsibility 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 belonging to a structure. Any works to such walls that would be considered 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 border or not.
If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, pose no risk of damage to their home, the Adjoining Owners just need to verify, in writing, that they consent to the works and the Party Wall etc. At the point of a “conflict” having actually arisen, both the Building Owners and the Adjacent Owners have to select a Party Wall Property surveyor to proceed with resolving the disagreement. The Party Wall Business are frequently commissioned to provide guidance on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally legitimate. A Party Wall Award is a lawfully binding file between Structure Owners and Adjacent Owners, which has been concurred 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 use to Party Fence Walls.
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