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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 simple terms, the Party Wall etc. Act 1996 can be divided into 2 stages; firstly the Notifying Phase and secondly, if required, the Disputed Phase. The first stage is where the Building Owners have a legal obligation to serve a formal Notice detailing the proposed works upon the Adjoining Owners. If the Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, pose no danger of damage to their home, the Adjoining Owners just require to verify, in writing, that they consent to the works and the Party Wall and so on. Act 1996 could end there. The 2nd phase would just be triggered if the Adjoining Owners had any concerns connecting to the Building Owners’ propositions or picked to overlook the Notification served by the Building Owners.
A dispute would then be deemed to have occurred and, the framework provided by the Party Wall and so on. At the point of a “conflict” having actually arisen, both the Structure Owners and the Adjoining Owners have to select a Party Wall Surveyor to proceed with resolving the disagreement.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any disagreement emerging, Structure Owners and Adjacent Owners do not necessarily require the services of a Party Wall Property Surveyor. Nevertheless, The Party Wall Company are often commissioned to supply suggestions on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully valid. When designated, the Surveyors will think about the proposed works and agree a Party Wall Award which would detail the structure works and how they must be carried out. The rights approved within the Party Wall Award undergo the Building Owners making great any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notification?
Building Owners planning to perform any of the works specified within the Party Wall etc. Act 1996 have a legal commitment to serve written Notice on any Adjacent Owner who may be affected by the Structure Owners proposed works. There is no official design template for a Notification. Nevertheless, adequate detail of the proposed works, legal names of all Owners, and when the proposed works will start are all critical to guarantee the validity of the Notification.
Mr Herman desired to repair the Party Fence Wall that divided the 2 gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman only served the Notice 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 regarded as Building Owners under the Act, Mrs Herman must likewise be consisted of on the Notice.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding document in between Structure Owners and Adjacent Owners, which has actually been agreed by the designated property surveyor( s), authorising the execution of structure work in accordance with the Act. A Schedule of Condition study of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall and so on. Act 1996, is traditional and forms a reference document within the Award.
I Already Have Planning Consent And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
If your prepared works would be deemed notifiable under the Party Wall Act then yes, you would have to follow the treatments set out within the Act. No Regional Authority consent or approval would get rid of the legal obligation 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 considered to be a wall of solid structure that sits astride a border and not being part of a structure. 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 border or not.
If the Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no trouble or, posture no risk of damage to their home, the Adjoining Owners only require to validate, in composing, that they consent to the works and the Party Wall etc. At the point of a “conflict” having developed, both the Building Owners and the Adjacent Owners have to designate a Party Wall Property surveyor to continue with solving the disagreement. The Party Wall Company are often commissioned to supply recommendations on the Act and to serve the pertinent Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a lawfully binding file 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 deemed notifiable under the Party Wall Act would likewise apply to Party Fence Walls.
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