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Party Wall (WikiPedia)
How The Party Wall etc.
In simple terms, the Party Wall etc. If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, pose no threat of damage to their residential or commercial property, the Adjoining Owners just require to confirm, in writing, that they consent to the works and the Party Wall and so on. The 2nd phase would just be activated if the Adjoining Owners had any issues relating to the Structure Owners’ propositions or chose to overlook the Notice served by the Structure Owners.
A disagreement would then be considered to have actually occurred and, the framework supplied by the Party Wall etc. Act 1996 enables a resolution so that the Structure Owners could undertake works whilst supplying protection to both celebrations. At the point of a “dispute” having emerged, both the Building Owners and the Adjacent Owners have to select a Party Wall Property surveyor to proceed with resolving the conflict. This could be by means of separate surveyor consultations or, by agreeing to a single surveyor, called the Agreed Surveyor.
Prior to any conflict occurring, Building Owners and Adjacent Owners do not necessarily require the services of a Party Wall Surveyor. The Party Wall Company are often commissioned to provide guidance on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally valid.
What is a Party Wall Notice?
Building Owners planning to bring out any of the works defined within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notice on any Adjacent Owner who may be impacted by the Building Owners proposed works.
The case of Lehmann vs Herman (1993) reveals the significance of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent residential or commercial properties. Mr Herman wished to repair the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. Nevertheless, as Mr Herman only served the Notification 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 considered as Structure Owners under the Act, Mrs Herman should likewise be consisted of on the Notification. The dispute ended up in court and the judge agreed with the Lehmanns that the Notice was invalid.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Structure Owners and Adjoining Owners, which has actually been concurred by the selected property surveyor( s), authorising the execution of building work in accordance with the Act. An Award will also mention details of: how the works are to be carried out; working days and times; procedures required to secure the Adjoining Owners residential or commercial property from damage and unnecessary hassle; and make provisions for making great or the payment of payment need to damage be triggered. A Schedule of Condition survey of the Adjoining Owners home, although not a specific requirement of the Party Wall etc. Act 1996, is popular and forms a recommendation file within the Award. The purpose of an Arrange of Condition survey is to offer a composed and photographic record of the condition of the structure prior to any works beginning. The schedule is then referred to should any damage emerged during or after conclusion of the works
I Currently Have Preparation Permission And/ Or Building Control Approval. Do I Still Required To Follow The Party Wall Act?
The Party Wall etc. Act 1996 is an absolutely different piece of statute legislation to the Town and Nation Planning Act 1990 or the Structure Act 1984. For that reason, if your prepared works would be considered notifiable under the Party Wall Act then yes, you would need to follow the procedures set out within the Act. No Regional Authority consent or approval would get rid of the legal responsibility to serve a Party Wall Notice 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 limit and not belonging to a structure. Any works to such walls that would be considered notifiable under the Party Wall Act would likewise apply 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 boundary or not.
If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, present no threat of damage to their home, 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 occurred, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to proceed with resolving the disagreement. The Party Wall Company are frequently commissioned to supply guidance on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally valid. A Party Wall Award is a lawfully binding document between Building Owners and Adjacent Owners, which has been agreed by the selected property 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 likewise use to Party Fence Walls.
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