What is a Party Wall Award?
The procedure and requirements of a Party Wall Award are as set out in the Party Wall and so on. Act 1996. A Party Wall Award is a contract made between at least 2 neighbouring occupiers prior to the start of construction/building work which is to be undertaken to a party boundary or structure, or where works are being undertaken in close proximity to a party limit or structure. There are 3 primary kinds of work which need a Party Wall Property surveyor to carry out a Party Wall Award and these are:
- Line of junction (building a new wall on or alongside a border).
- Party Structure Works (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 structure).
In London and throughout the UK, our knowledgeable business structure property surveyors perform a series of expert surveying services including Party Wall Studies (Party Wall Awards). At Commercial Building Surveyors we conduct Party Wall Surveys 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 simplistic terms, the Party Wall and so on. Act 1996 can be split into two phases; first of all the Notifying Phase and secondly, if required, the Disputed Stage. The first stage is where the Structure Owners have a legal responsibility to serve an official Notice detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no trouble or, posture no threat of damage to their home, the Adjoining Owners just require to verify, in writing, that they grant the works and the Party Wall and so on. Act 1996 could end there. The second stage would only be activated if the Adjacent Owners had any issues relating to the Building Owners’ propositions or picked to overlook the Notification served by the Building Owners.
A conflict would then be considered to have arisen and, the framework offered by the Party Wall etc. At the point of a “dispute” having actually occurred, both the Structure Owners and the Adjacent Owners have to select a Party Wall Property surveyor to continue with solving the dispute.
Prior to any dispute developing, Building Owners and Adjacent Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Business are typically commissioned to supply suggestions on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully legitimate.
What is a Party Wall Notice?
Structure Owners preparing to perform any of the works specified within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notice on any Adjacent Owner who may be impacted by the Building Owners proposed works. There is no main template for a Notification. Sufficient information of the proposed works, legal names of all Owners, and when the proposed works will commence are all vital to guarantee the validity of the Notice.
The case of Lehmann vs Herman (1993) shows the significance of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent residential or commercial 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 Notice in his name, Mr and Mrs Lehmann contradicted the Notice as being valid and argued that as both Mr and Mrs Herman would be regarded as Building Owners under the Act, Mrs Herman should likewise be consisted of on the Notification. The conflict wound 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 document in between Structure Owners and Adjacent Owners, which has been agreed by the appointed surveyor( s), authorising the execution of structure work in accordance with the Act. An Arrange of Condition survey of the Adjoining Owners property, although not a specific requirement of the Party Wall etc. Act 1996, is traditional and forms a recommendation document 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 a totally different piece of statute legislation to the Town and Country Preparation Act 1990 or the Building Act 1984. Therefore, if your planned works would be deemed notifiable under the Party Wall Act then yes, you would need to follow the procedures set out within the Act. No Local Authority permission or approval would remove 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 boundary and not becoming part of a structure. Therefore, 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 deemed to be a Party Fence Wall, whether astride a boundary or not.
If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no trouble or, pose no hazard of damage to their residential or commercial property, the Adjoining Owners just require to confirm, in composing, that they consent to the works and the Party Wall etc. At the point of a “conflict” having actually arisen, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to continue with fixing the disagreement. The Party Wall Business are frequently commissioned to offer guidance on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully legitimate. A Party Wall Award is a lawfully binding file between Structure Owners and Adjacent Owners, which has been agreed by the appointed 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 use to Party Fence Walls.
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