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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.
How The Party Wall and so on.
In simplistic terms, the Party Wall etc. If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, position no hazard of damage to their property, the Adjoining Owners just require to verify, in writing, that they consent to the works and the Party Wall and so on. The 2nd stage would only be triggered if the Adjacent Owners had any issues relating to the Structure Owners’ propositions or picked to overlook the Notice 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. Act 1996 makes it possible for a resolution so that the Building Owners could carry out works whilst supplying protection to both parties. At the point of a “dispute” having emerged, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to proceed with solving the dispute. This could be via separate property surveyor visits or, by accepting a single surveyor, called the Agreed Property surveyor.
Prior to any dispute occurring, Building Owners and Adjacent Owners do not always require the services of a Party Wall Property Surveyor. The Party Wall Company are often commissioned to provide advice on the Act and to serve the pertinent Party Wall Notices, ensuring they are legally valid.
What is a Party Wall Notice?
Structure Owners preparing to carry out any of the works specified within the Party Wall and so on. Act 1996 have a legal responsibility to serve written Notice on any Adjacent Owner who may be impacted by the Structure Owners proposed works. There is no main design template for a Notification. However, adequate information of the proposed works, legal names of all Owners, and when the proposed works will begin are all vital to guarantee the validity 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 homes. Mr Herman wished 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 refused to accept the Notice as being valid and argued that as both Mr and Mrs Herman would be related to as Building Owners under the Act, Mrs Herman must likewise be included on the Notice. 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 Adjoining Owners, which has been concurred by the designated property surveyor( s), authorising the execution of structure work in accordance with the Act. A Schedule of Condition study of the Adjoining Owners property, although not a particular requirement of the Party Wall etc. Act 1996, is popular and forms a reference file within the Award.
I Currently Have Planning 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 completely different piece of statute legislation to the Town and Nation Planning Act 1990 or the Building Act 1984. 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 Regional Authority authorization or approval would remove 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 considered to be a wall of solid structure that sits astride a limit and not becoming part of a building. Any works to such walls that would be considered notifiable under the Party Wall Act would likewise use to Party Fence Walls. Timber 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 pleased that the Structure Owners’ proposed works will be of no trouble or, pose no danger of damage to their property, the Adjoining Owners just require to validate, in writing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having actually occurred, both the Building Owners and the Adjoining Owners have to designate a Party Wall Surveyor to proceed with dealing with the disagreement. The Party Wall Company are typically commissioned to provide suggestions on the Act and to serve the relevant Party Wall Notices, guaranteeing they are lawfully valid. A Party Wall Award is a legally binding document between Building Owners and Adjoining Owners, which has been agreed by the designated property 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.
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