What is a Party Wall Award?
A Party Wall Award is a contract made between at least two neighbouring occupiers prior to the beginning of construction/building work which is to be undertaken to a party limit or structure, or where works are being undertaken in close proximity to a party limit or structure. There are 3 main types of work which require a Party Wall Property surveyor to carry out a Party Wall Award and these are:
- Line of junction (constructing a brand-new wall on or alongside a border).
- Party Structure Works (works to an existing party wall such as cutting into, restoring, thickening and so on).
- Surrounding Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and across the UK, our skilled industrial structure property surveyors perform a series of expert surveying services including Party Wall Studies (Party Wall Awards). At Commercial Building Surveyors we perform Party Wall Surveys by expert and knowledgeable Party Wall Surveyors throughout the UK.
Party Wall (WikiPedia)
How The Party Wall etc.
Act 1996 Functions In simple terms, the Party Wall etc. Act 1996 can be split into 2 phases; to start with the Notifying Stage and second of all, if needed, the Disputed Phase. The first stage is where the Building Owners have a legal responsibility to serve an official Notification detailing the proposed works upon the Adjacent Owners. If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no inconvenience or, present no threat of damage to their residential or commercial property, the Adjoining Owners only need to verify, in writing, that they grant the works and the Party Wall etc. Act 1996 might end there. The 2nd phase would just be set off if the Adjoining Owners had any concerns connecting to the Building Owners’ propositions or selected to overlook the Notification served by the Structure Owners.
A disagreement would then be considered to have actually arisen and, the framework provided by the Party Wall etc. At the point of a “conflict” having developed, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Property surveyor to continue with fixing the conflict.
Party Wall Surveyors are responsibility bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any conflict arising, Structure Owners and Adjoining Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Business are typically commissioned to offer suggestions on the Act and to serve the appropriate Party Wall Notices, ensuring they are lawfully valid. When selected, the Surveyors will consider the proposed works and agree a Party Wall Award which would detail the building works and how they need to be carried out. The rights given within the Party Wall Award are subject to the Structure Owners making good any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notification?
Building Owners planning to perform any of the works defined within the Party Wall etc. Act 1996 have a legal responsibility to serve written Notice on any Adjoining Owner who may be impacted by the Structure Owners proposed works. There is no main template for a Notice. Sufficient information of the proposed works, legal names of all Owners, and when the proposed works will commence are all critical to ensure the validity of the Notice.
Mr Herman desired to repair the Party Fence Wall that divided the two 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 Notice as being valid and argued that as both Mr and Mrs Herman would be regarded as Structure Owners under the Act, Mrs Herman must likewise be consisted of on the Notice.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file between Building Owners and Adjoining Owners, which has been agreed by the selected property surveyor( s), authorising the execution of building work in accordance with the Act. An Arrange of Condition survey of the Adjoining Owners home, although not a particular requirement of the Party Wall and so on. Act 1996, is traditional and forms a referral document within the Award.
I Already Have Preparation Authorization And/ Or Building 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 treatments set out within the Act. No Local Authority approval or approval would get rid of the legal obligation 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 solid structure that sits astride a boundary and not being part of a building. Any works to such walls that would be deemed notifiable under the Party Wall Act would also use to Party Fence Walls. Wood fencing, precast concrete posts with infill panel fencing, etc would not be considered to be a Party Fence Wall, whether astride a limit or not.
If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, posture no threat of damage to their home, the Adjoining Owners just need to confirm, in composing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having actually arisen, both the Structure Owners and the Adjacent Owners have to designate a Party Wall Surveyor to continue with dealing with the disagreement. The Party Wall Company are typically commissioned to provide guidance on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully valid. A Party Wall Award is a legally binding file in between Structure Owners and Adjacent Owners, which has actually been agreed by the selected surveyor( s), authorising the execution of building 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.
Around the Web