What is a Party Wall Award?
A Party Wall Award is an arrangement made in between at least two neighbouring occupiers prior to the commencement of construction/building work which is to be undertaken to a party boundary 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 require a Party Wall Surveyor to perform a Party Wall Award and these are:
- Line of junction (building 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 and so on).
- Nearby Excavation (excavations to a lower level within either 3m or 6m of an existing building).
In London and throughout the UK, our skilled commercial building property surveyors carry out a variety of expert surveying services consisting of Party Wall Surveys (Party Wall Awards). At Commercial Building Surveyors we conduct Party Wall Surveys by skilled and professional Party Wall Surveyors throughout the UK.
Party Wall (WikiPedia)
How The Party Wall etc.
Act 1996 Works In simplistic terms, the Party Wall etc. Act 1996 can be split into 2 phases; to start with the Notifying Phase and second of all, if needed, the Disputed Phase. The first stage is where the Structure Owners have a legal obligation to serve an official Notice detailing the proposed works upon the Adjoining Owners. If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, pose no threat of damage to their home, the Adjoining Owners just require to validate, in writing, that they grant the works and the Party Wall and so on. Act 1996 might end there. The 2nd stage would just be triggered if the Adjacent Owners had any issues relating to the Building Owners’ proposals or selected to disregard the Notice served by the Structure Owners.
A conflict would then be deemed to have actually occurred and, the framework supplied by the Party Wall etc. At the point of a “conflict” having emerged, both the Building Owners and the Adjoining Owners have to designate a Party Wall Surveyor to continue with fixing the conflict.
Prior to any dispute occurring, Structure Owners and Adjacent Owners do not necessarily need the services of a Party Wall Surveyor. The Party Wall Business are typically commissioned to offer guidance on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally valid.
What is a Party Wall Notice?
Building Owners planning to carry out any of the works specified within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notice on any Adjacent Owner who may be affected by the Building Owners proposed works. There is no main design template for a Notice. Sufficient information of the proposed works, legal names of all Owners, and when the proposed works will commence are all vital to guarantee the validity of the Notice.
Mr Herman desired to fix the Party Fence Wall that divided the 2 gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman just served the Notice in his name, Mr and Mrs Lehmann declined to accept the Notification as being valid and argued that as both Mr and Mrs Herman would be related to as Structure Owners under the Act, Mrs Herman should likewise be consisted of on the Notice.
What is a Party Wall Award?
A Party Wall Award is a legally binding file in between Building Owners and Adjacent Owners, which has been concurred by the appointed surveyor( s), authorising the execution of structure work in accordance with the Act. A Schedule of Condition survey of the Adjoining Owners property, although not a particular requirement of the Party Wall and so on. Act 1996, is customary and forms a recommendation file within the Award.
I Already Have Preparation Approval And/ Or Building 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 Regional Authority authorization or approval would remove 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 being part of a structure. Any works to such walls that would be deemed notifiable under the Party Wall Act would also apply to Party Fence Walls. Wood fencing, precast concrete posts with infill panel fencing, etc would not be deemed to be a Party Fence Wall, whether astride a limit or not.
If the Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no trouble or, pose no danger of damage to their home, the Adjoining Owners just need to confirm, in writing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having developed, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to proceed with fixing the conflict. The Party Wall Business are frequently commissioned to offer advice on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally valid. A Party Wall Award is a lawfully binding document between Structure Owners and Adjoining Owners, which has been concurred by the appointed property surveyor( s), authorising the execution of structure 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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