What is a Party Wall Award?
A Party Wall Award is an arrangement made between at least two neighbouring occupiers prior to the commencement of construction/building work which is to be undertaken to a party limit or structure, or where works are being undertaken in close proximity to a party border or structure. There are three primary types of work which require a Party Wall Property surveyor to carry out a Party Wall Award and these are:
- Line of junction (constructing a brand-new wall on or together with a border).
- Party Structure Functions (works to an existing party wall such as cutting into, rebuilding, thickening etc.).
- Adjacent Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and across the UK, our knowledgeable industrial structure surveyors carry out a variety of professional surveying services including Party Wall Surveys (Party Wall Awards). At Commercial Structure Surveyors we perform Party Wall Studies 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 etc.
In simple terms, the Party Wall and so on. If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, pose no risk of damage to their home, the Adjoining Owners just need to validate, in writing, that they consent to the works and the Party Wall and so on. The second stage would only be activated if the Adjoining Owners had any issues relating to the Building Owners’ proposals or chose to overlook the Notice served by the Building Owners.
A disagreement would then be deemed to have arisen and, the framework supplied by the Party Wall and so on. Act 1996 makes it possible for a resolution so that the Structure Owners could carry out works whilst offering protection to both parties. At the point of a “conflict” having developed, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to proceed with resolving the disagreement. This could be by means of separate surveyor visits or, by accepting a single surveyor, called the Agreed Property surveyor.
Prior to any conflict occurring, Structure Owners and Adjoining Owners do not necessarily require the services of a Party Wall Surveyor. The Party Wall Business are frequently commissioned to provide suggestions on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully legitimate.
What is a Party Wall Notification?
Building Owners planning to bring out any of the works specified within the Party Wall etc. Act 1996 have a legal commitment to serve written Notice on any Adjoining Owner who may be affected by the Structure Owners proposed works.
The case of Lehmann vs Herman (1993) shows the significance of serving a valid Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining homes. Mr Herman wanted to fix the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman just served the Notification 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 regarded as Structure Owners under the Act, Mrs Herman should also be included on the Notification. The conflict ended up in court and the judge agreed with the Lehmanns that the Notice was void.
What is a Party Wall Award?
A Party Wall Award is a legally binding document in 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 Arrange 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 recommendation file within the Award.
I Currently Have Preparation Approval And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?
If your planned 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 permission or approval would get rid of the legal commitment 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 strong structure that sits astride a boundary and not becoming part of a building. 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 considered to be a Party Fence Wall, whether astride a border or not.
If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no hassle or, present no danger of damage to their residential or commercial property, the Adjoining Owners only require to confirm, in writing, that they consent to the works and the Party Wall etc. At the point of a “disagreement” having emerged, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to proceed with resolving the dispute. The Party Wall Business are often commissioned to supply suggestions on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully valid. A Party Wall Award is a lawfully binding file in between Building Owners and Adjoining Owners, which has been concurred by the appointed 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 also use to Party Fence Walls.
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