What is a Party Wall Award?
A Party Wall Award is an arrangement made in between at least two neighbouring occupiers prior to the beginning of construction/building work which is to be carried out to a party limit or structure, or where works are being undertaken in close distance to a party boundary or structure. There are three primary types of work which require a Party Wall Property surveyor to perform a Party Wall Award and these are:
- Line of junction (developing a brand-new wall on or along with a boundary).
- Party Structure Functions (works to an existing party wall such as cutting into, rebuilding, thickening etc.).
- Adjacent Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and throughout the UK, our skilled industrial building surveyors carry out a series of professional surveying services including Party Wall Surveys (Party Wall Awards). At Commercial Structure Surveyors we carry out Party Wall Studies by expert and knowledgeable 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 etc.
Act 1996 Functions In simple terms, the Party Wall and so on. Act 1996 can be divided into 2 phases; first of all the Notifying Stage and secondly, if needed, the Disputed Stage. The first stage is where the Structure Owners have a legal obligation to serve an official Notification detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no hassle or, posture no risk of damage to their residential or commercial property, the Adjoining Owners only require to confirm, in writing, that they grant the works and the Party Wall etc. Act 1996 could end there. The 2nd phase would only be activated if the Adjoining Owners had any concerns connecting to the Structure Owners’ propositions or selected to overlook the Notification served by the Structure Owners.
A disagreement would then be considered to have developed and, the framework offered by the Party Wall etc. Act 1996 enables a resolution so that the Building Owners could carry out works whilst supplying protection to both celebrations. At the point of a “dispute” having actually developed, both the Structure Owners and the Adjoining Owners need to select a Party Wall Property surveyor to proceed with fixing the disagreement. This could be by means of separate property surveyor appointments or, by accepting a single surveyor, called the Agreed Surveyor.
Party Wall Surveyors are responsibility bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any dispute arising, Structure Owners and Adjoining Owners do not always require the services of a Party Wall Surveyor. However, The Party Wall Company are frequently commissioned to supply recommendations on the Act and to serve the appropriate Party Wall Notices, ensuring they are lawfully valid. As soon as appointed, the Surveyors will consider the proposed works and agree a Party Wall Award which would information the structure works and how they must be undertaken. The rights granted within the Party Wall Award go through the Building Owners making good any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notice?
Structure Owners planning to perform any of the works defined within the Party Wall etc. Act 1996 have a legal responsibility to serve written Notification on any Adjacent Owner who may be affected by the Building Owners proposed works. There is no main template for a Notice. However, adequate information of the proposed works, legal names of all Owners, and when the proposed works will start are all important to make sure the credibility of the Notice.
Mr Herman wanted to fix the Party Fence Wall that divided the 2 gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman only 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 regarded as Building Owners under the Act, Mrs Herman ought to also be included on the Notice.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file in between Building Owners and Adjoining Owners, which has been concurred by the selected property surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will likewise state information of: how the works are to be carried out; working times and days; measures needed to safeguard the Adjoining Owners property from damage and unnecessary hassle; and make provisions for making great or the payment of settlement should damage be triggered. An Arrange of Condition survey of the Adjoining Owners property, although not a specific requirement of the Party Wall and so on. Act 1996, is popular and forms a recommendation document within the Award. The function of a Schedule of Condition study is to provide a composed and photographic record of the condition of the building prior to any works commencing. The schedule is then referred to ought to any damage emerged throughout or after completion of the works
I Currently Have Preparation Authorization And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall etc. Act 1996 is an absolutely different piece of statute legislation to the Town and Country Planning Act 1990 or the Building Act 1984. If your prepared 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 eliminate 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 boundary and not belonging to a building. Any works to such walls that would be considered notifiable under the Party Wall Act would also 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 boundary or not.
If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no hassle or, position no hazard of damage to their residential or commercial 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 “conflict” having arisen, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to proceed with fixing the dispute. The Party Wall Company are frequently commissioned to provide guidance on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid. A Party Wall Award is a legally binding file between Building Owners and Adjoining Owners, which has been concurred by the appointed 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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