What is a Party Wall Award?
A Party Wall Award is a contract made between at least 2 neighbouring occupiers prior to the commencement of construction/building work which is to be undertaken to a party limit or structure, or where works are being undertaken in close distance to a party boundary or structure. There are three main types 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 together with a border).
- Party Structure Works (works to an existing party wall such as cutting into, restoring, thickening etc.).
- Nearby Excavation (excavations to a lower level within either 3m or 6m of an existing building).
In London and across the UK, our knowledgeable business structure property surveyors perform a series of expert surveying services including Party Wall Surveys (Party Wall Awards). At Commercial Structure Surveyors we conduct Party Wall Surveys by expert and experienced 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.
In simple terms, the Party Wall etc. If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, posture no risk of damage to their home, the Adjoining Owners just need to validate, in composing, that they consent to the works and the Party Wall etc. The 2nd stage would only be triggered if the Adjoining Owners had any issues relating to the Structure Owners’ proposals or chose to overlook the Notification served by the Building Owners.
A disagreement would then be deemed to have actually developed and, the structure supplied by the Party Wall and so on. Act 1996 allows a resolution so that the Structure Owners might undertake works whilst offering defense to both parties. At the point of a “dispute” having occurred, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Surveyor to proceed with dealing with the dispute. This could be via separate surveyor appointments or, by accepting a single surveyor, called the Agreed Property surveyor.
Prior to any disagreement occurring, Structure Owners and Adjacent Owners do not always require the services of a Party Wall Property Surveyor. The Party Wall Company are often commissioned to offer advice on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully legitimate.
What is a Party Wall Notice?
Building 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 Adjoining Owner who might be affected by the Structure Owners proposed works. There is no main template for a Notice. However, enough information 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.
The case of Lehmann vs Herman (1993) shows the value of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining homes. Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. However, as Mr Herman just served the Notice in his name, Mr and Mrs Lehmann contradicted the Notice as standing and argued that as both Mr and Mrs Herman would be considered as Building Owners under the Act, Mrs Herman must also be included on the Notification. The dispute wound up in court and the judge agreed with the Lehmanns that the Notice was void.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file in between Structure Owners and Adjoining Owners, which has actually been concurred by the selected property surveyor( s), authorising the execution of structure work in accordance with the Act. An Arrange of Condition survey of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall etc. Act 1996, is customary and forms a recommendation file within the Award.
I Currently Have Preparation Authorization And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?
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 Local Authority authorization or approval would get rid of 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 deemed to be a wall of strong structure that sits astride a boundary and not belonging to a building. For that reason, any works to such walls that would be deemed 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 deemed to be a Party Fence Wall, whether astride a boundary or not.
If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, position no danger of damage to their residential or commercial property, the Adjoining Owners only 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 developed, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Surveyor to continue with fixing the disagreement. The Party Wall Company are frequently commissioned to offer recommendations on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are legally valid. A Party Wall Award is a legally binding document in between Structure Owners and Adjoining 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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