What is a Party Wall Award?
A Party Wall Award is an arrangement made in between at least 2 neighbouring occupiers prior to the beginning of construction/building work which is to be undertaken to a party border or structure, or where works are being carried out in close proximity to a party limit or structure. There are 3 main types of work which need a Party Wall Property surveyor to carry out a Party Wall Award and these are:
- Line of junction (constructing a new wall on or together with a limit).
- Party Structure Functions (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 structure).
In London and throughout the UK, our experienced industrial structure surveyors perform a range of expert surveying services consisting of Party Wall Surveys (Party Wall Awards). At Commercial Building Surveyors we carry out Party Wall Surveys by experienced and expert Party Wall Surveyors throughout the UK.
Party Wall (WikiPedia)
A party wall (sometimes parti-wall or parting wall, likewise known as typical wall surface or as a demising wall surface) is a dividing dividers between 2 adjacent buildings that is shared by the passengers of each house or business. Usually, the builder lays the wall along a residential property line separating 2 terraced residences, so that one half of the wall’s thickness rests on each side. This type of wall surface is normally architectural. Event walls can also be formed by two abutting walls constructed at different times. The term can be also made use of to define a division in between different devices within a multi-unit apartment facility. Very commonly the wall surface in this instance is non-structural yet designed to meet well-known standards for noise and/or fire security, i.e. a firewall.
The Party Wall Act 1996
as it impacts the garden
At first sight, it is simple to believe that the 1996 Party Wall Act does not impact garden building and construction, however it does affect the building and construction of boundary walls even if not part of buildings and can also applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and provides you rights and obligations whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on a pertinent structure or if your neighbour is.
The Party Wall Act does not apply to border fences.
The Party Wall Act does not affect any requirement for Preparation Authorization for any work undertaken. Also, having Planning Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into effect if someone is planning to do deal with a pertinent structure, for the functions of the Act ‘party wall’ does not just imply the wall between 2 semi-detached homes, as far as garden enthusiasts are concerned it covers:
- A garden wall, where the wall is astride the limit line (or butts up against it) and is utilized to separate the properties however is not part of any structure.
- Excavation near to a neighbouring residential or commercial property.
For details of how the Party Wall Act impacts building operate in basic, take a look at this page.
As with all work affecting neighbours, it is always much better to reach a friendly agreement instead of resort to any law. Even where the work requires a notice to be served, it is much better to informally discuss the designated work, consider the neighbours remarks, and amend your plans (if suitable) prior to serving the notice.
What garden work needs a notice and approval.
The basic concept of the Party Wall Act is that all work which may have an impact upon the structural strength or assistance function of the party wall or might trigger damage to the neighbouring side of the wall should be alerted. Recommendations needs to be sought from a regional Building Control Office or expert surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act include:
- To demolish and/or rebuild/build a party border wall.
- To increase the height or density of a party border wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go listed below the bottom of the structures of the neighbouring building.
- Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45 ° downwards from the bottom of the structures of the neighbouring structure.
If the planned deal with a boundary wall falls under the Party Wall Act, a notice should be issued to all affected neighbouring parties. The notification must include (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the home undertaking the work.
- The address of the property.
- A full description of the proposed work (this will normally be just a single sentence outlining the work).
- The proposed start date for the work.
- A clear declaration that the notification is being served under The Party Wall etc Act 1996.
- The date the notice is being served.
- If the work involves excavations, a drawing revealing the depth, position etc
If the planned work is a brand-new border wall approximately or astride the boundary line the procedure of serving a notification under the Party Wall Act is as follows:.
- The person planning to perform the work needs to serve a written notice a minimum of one months before the desired start of the work to every neighbouring party providing information of the work to be performed.
- Each neighbouring party should respond in writing offering permission or signing up dissent – if a neighbouring party not does anything within 14 days of getting the notice, the impact is to put the notification into conflict. No formal arrangement is required for a wall up to the limit line, the neighbour simply needs not to object in writing.
- No work might commence on a wall astride the boundary line up until all neighbouring celebrations have agreed in writing to the notification (or a revised notification).
See listed below regarding what occurs in case of a dispute/objection.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notice requires to be served a minimum of one month before the planned start day of the work. Neighbouring parties must offer written agreement within 2 week or a conflict is considered to have occurred.
See below concerning what occurs in case of a dispute/objection.
If a conflict arises, what takes place.
If agreement can not be reached in between neighbouring celebrations, the procedure is as follows:.
- A Surveyor or Surveyors is/are designated to identify a unbiased and reasonable Award, either:.
- A single ‘Concurred Surveyor’ (somebody appropriate to all celebrations).
- Each party designates their own Surveyor to represent the specific celebrations.
The person who is carrying out the work will usually have to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor needlessly – in the viewpoint of the Property surveyor. Nevertheless it ought to be kept in mind that any Surveyor should act within their statutory duties and propose a objective and reasonable Award.
- A single ‘Concurred Surveyor’ (somebody appropriate to all celebrations).
- The Agreed Property surveyor, or the private Surveyors collectively, will produce an Award which must be fair and impartial to all celebrations.
- Once an Award has been made, all parties have 14 days to appeal to a County Court versus the Award.
Once you have agreement.
Once you have arrangement, all work must abide by the notice. All the contracts should be kept to make sure that a record of the granted permission is kept; a subsequent buyer of the home may want to develop that the work was performed in accordance with the Party Wall Act requirements.
Keep in mind:
- We have actually just given a quick outline of the Party Wall Act here as it impacts garden work however have a look at the Neighborhoods and City government site for a more thorough explanatory booklet including example letters for notifications and reactions.
- If a notification gets here all of a sudden, discussing desired work with neighbours is free and can prevent misunderstanding which might arise.
- Your local Building Control Office may have the ability to give complimentary guidance relating to the Party Wall Act and how it applies to particular situations.
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