What is a Party Wall Award?
A Party Wall Award is an arrangement made between at least two neighbouring occupiers prior to the beginning of construction/building work which is to be carried out to a party border or structure, or where works are being undertaken in close proximity to a party limit or structure. There are 3 primary types of work which need a Party Wall Property surveyor to conduct a Party Wall Award and these are:
- Line of junction (building a new wall on or alongside a border).
- Party Structure Works (works to an existing party wall such as cutting into, reconstructing, thickening and so on).
- Adjacent Excavation (excavations to a lower level within either 3m or 6m of an existing building).
In London and across the UK, our skilled business structure property surveyors perform a range of professional surveying services consisting of Party Wall Studies (Party Wall Awards). At Commercial Building Surveyors we conduct Party Wall Surveys by professional 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 and so on.
Act 1996 Works In simplified terms, the Party Wall etc. Act 1996 can be split into two stages; firstly the Notifying Phase and second of all, if required, the Disputed Phase. The first stage is where the Building Owners have a legal obligation to serve an official Notification detailing the proposed works upon the Adjacent Owners. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, position no hazard of damage to their property, the Adjoining Owners just need to confirm, in composing, that they grant the works and the Party Wall and so on. Act 1996 might end there. The 2nd stage would just be set off if the Adjoining Owners had any issues connecting to the Structure Owners’ propositions or picked to ignore the Notice served by the Structure Owners.
A conflict would then be considered to have emerged and, the framework provided by the Party Wall and so on. At the point of a “disagreement” having actually emerged, both the Building Owners and the Adjoining Owners have to designate a Party Wall Property surveyor to continue with dealing with the disagreement.
Prior to any disagreement occurring, Building Owners and Adjacent Owners do not necessarily require the services of a Party Wall Property Surveyor. The Party Wall Company are typically commissioned to offer guidance on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully 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 obligation to serve written Notification on any Adjacent Owner who may be affected by the Building Owners proposed works.
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 just served the Notification in his name, Mr and Mrs Lehmann refused to accept the Notification as being legitimate and argued that as both Mr and Mrs Herman would be concerned as Building Owners under the Act, Mrs Herman must also be consisted of on the Notification.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file in between Structure Owners and Adjacent Owners, which has been concurred by the appointed property surveyor( s), authorising the execution of building 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; steps required to protect the Adjoining Owners residential or commercial property from damage and unnecessary inconvenience; and make provisions for making great or the payment of settlement must harm be caused. A Schedule of Condition survey of the Adjoining Owners property, although not a specific requirement of the Party Wall etc. Act 1996, is popular and forms a reference file within the Award. The function of an Arrange of Condition survey is to provide a composed and photographic record of the condition of the building prior to any works beginning. The schedule is then described needs to any damage emerged during or after completion of the works
I Already Have Planning Consent And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
If your planned 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 get rid of the legal obligation 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 becoming part of a structure. Therefore, 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 limit or not.
If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no hassle or, pose no threat of damage to their property, the Adjoining Owners just require to verify, in composing, that they consent to the works and 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 Property surveyor to proceed with fixing the disagreement. The Party Wall Business are frequently commissioned to offer guidance on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully valid. A Party Wall Award is a legally binding file between Structure Owners and Adjacent Owners, which has actually 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 deemed notifiable under the Party Wall Act would also apply to Party Fence Walls.
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