What is a Party Wall Award?
A Party Wall Award is an arrangement made between at least two neighbouring occupiers prior to the commencement of construction/building work which is to be carried out to a party boundary or structure, or where works are being carried out in close distance to a party border or structure. There are 3 primary types of work which require a Party Wall Surveyor to perform a Party Wall Award and these are:
- Line of junction (constructing a brand-new wall on or along with a boundary).
- Party Structure Functions (works to an existing party wall such as cutting into, restoring, thickening etc.).
- Surrounding Excavation (excavations to a lower level within either 3m or 6m of an existing building).
In London and across the UK, our experienced business structure surveyors carry out a variety of professional surveying services consisting of Party Wall Surveys (Party Wall Awards). At Commercial Building Surveyors we conduct Party Wall Studies by skilled and expert Party Wall Surveyors throughout the UK.
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 simple terms, the Party Wall etc. Act 1996 can be divided into two phases; first of all the Notifying Phase and second of all, if required, the Disputed Phase. The first stage is where the Building Owners have a legal commitment to serve an official Notice detailing the proposed works upon the Adjacent Owners. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no trouble or, pose no danger of damage to their residential or commercial property, the Adjoining Owners only require to verify, in writing, that they grant the works and the Party Wall and so on. Act 1996 might end there. The second phase would only be set off if the Adjacent Owners had any concerns relating to the Building Owners’ proposals or picked to neglect the Notification served by the Building Owners.
A disagreement would then be deemed to have occurred and, the framework offered by the Party Wall and so on. At the point of a “conflict” having arisen, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Property surveyor to proceed with solving the disagreement.
Party Wall Surveyors are responsibility bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any disagreement arising, Structure Owners and Adjacent Owners do not necessarily need the services of a Party Wall Surveyor. However, The Party Wall Company are typically commissioned to provide suggestions on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally legitimate. Once selected, the Surveyors will consider the proposed works and concur a Party Wall Award which would information the structure works and how they should be carried out. The rights given within the Party Wall Award undergo 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 and so on. Act 1996 have a legal responsibility to serve written Notification on any Adjacent Owner who may be affected by the Structure Owners proposed works. There is no official design template for a Notification. Nevertheless, adequate detail of the proposed works, legal names of all Owners, and when the proposed works will start are all crucial to ensure the validity of the Notification.
Mr Herman desired to fix the Party Fence Wall that divided the 2 gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman just served the Notice in his name, Mr and Mrs Lehmann declined 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 must likewise be consisted of on the Notification.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding document between Structure Owners and Adjacent Owners, which has been concurred by the designated surveyor( s), authorising the execution of building operate in accordance with the Act. An Award will also state information of: how the works are to be undertaken; working days and times; measures required to secure the Adjoining Owners residential or commercial property from damage and unnecessary hassle; and make provisions for making great or the payment of compensation should harm be caused. An Arrange 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 file within the Award. The function of a Schedule of Condition study is to provide a written and photographic record of the condition of the structure prior to any works starting. The schedule is then described should any damage emerged during or after completion of the works
I Currently Have Planning Authorization 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 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 eliminate 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 being part of a structure. 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 considered to be a Party Fence Wall, whether astride a border or not.
If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no trouble or, present no hazard of damage to their home, the Adjoining Owners just need to confirm, in writing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having arisen, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to continue with solving the dispute. The Party Wall Business are often commissioned to supply advice on the Act and to serve the relevant Party Wall Notices, guaranteeing they are lawfully legitimate. A Party Wall Award is a lawfully binding file between Structure Owners and Adjoining Owners, which has actually been agreed by the selected 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 apply to Party Fence Walls.
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