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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.

Party Wall act

How The Party Wall etc.

In simplified terms, the Party Wall and so on. If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, pose no threat of damage to their property, the Adjoining Owners just require to confirm, in writing, that they consent to the works and the Party Wall and so on. The 2nd phase would just be triggered if the Adjoining Owners had any issues relating to the Building Owners’ propositions or picked to ignore the Notification served by the Structure Owners.
A conflict would then be deemed to have developed and, the framework supplied by the Party Wall and so on. Act 1996 allows a resolution so that the Building Owners might undertake works whilst offering security to both parties. At the point of a “dispute” having actually arisen, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to proceed with solving the conflict. This could be through different property surveyor appointments or, by consenting to a single property surveyor, called the Agreed Property surveyor.
Party Wall Surveyors are duty bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any conflict emerging, Building Owners and Adjoining Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Company are often commissioned to provide guidance on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully legitimate. When appointed, the Surveyors will think about the proposed works and concur a Party Wall Award which would information the building works and how they need 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 specified within the Party Wall and so on. Act 1996 have a legal obligation to serve written Notification on any Adjoining Owner who may be impacted by the Building Owners proposed works. There is no official design template for a Notice. However, sufficient information of the proposed works, legal names of all Owners, and when the proposed works will begin are all crucial to ensure the credibility of the Notice.
The case of Lehmann vs Herman (1993) reveals the importance of serving a valid Notice. 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 Notification on Mr and Mrs Lehmann. As Mr Herman just served the Notification in his name, Mr and Mrs Lehmann refused to accept the Notification as being legitimate and argued that as both Mr and Mrs Herman would be concerned as Building Owners under the Act, Mrs Herman need to also be consisted of on the Notice. The disagreement ended 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 lawfully binding document between Building Owners and Adjoining Owners, which has been concurred by the selected property surveyor( s), authorising the execution of building work in accordance with the Act. An Award will likewise specify details of: how the works are to be carried out; working days and times; procedures required to safeguard the Adjoining Owners property from damage and unneeded trouble; and make provisions for making good or the payment of payment need to harm be triggered. A Set up 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 document within the Award. The function of an Arrange of Condition study is to offer a composed and photographic record of the condition of the building prior to any works beginning. The schedule is then referred to needs to any damage emerged throughout or after completion of the works
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I Already Have Planning Permission And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?

If your planned 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 authorization or approval would get rid of the legal responsibility to serve a Party Wall Notification 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 becoming part of a structure. Any works to such walls that would be deemed notifiable under the Party Wall Act would also apply 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 Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, position no risk of damage to their home, the Adjoining Owners only need to confirm, in composing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having occurred, both the Structure Owners and the Adjacent Owners have to select a Party Wall Property surveyor to continue with solving the conflict. The Party Wall Business are frequently commissioned to offer guidance on the Act and to serve the relevant Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a legally binding document between Structure Owners and Adjoining Owners, which has actually been agreed 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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