What is a Party Wall Award?
A Party Wall Award is an agreement made between at least 2 neighbouring occupiers prior to the start of construction/building work which is to be carried out to a party border or structure, or where works are being carried out in close distance 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 (developing a new wall on or together with a boundary).
- Party Structure Functions (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 structure).
In London and throughout the UK, our experienced commercial building property surveyors carry out a series of expert surveying services consisting of Party Wall Surveys (Party Wall Awards). At Commercial Structure Surveyors we carry out 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 Functions In simple terms, the Party Wall and so on. Act 1996 can be split into 2 phases; first of all 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 a formal Notice detailing the proposed works upon the Adjacent Owners. If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no trouble or, posture no risk of damage to their residential or commercial property, the Adjoining Owners just need to confirm, in composing, that they grant the works and the Party Wall etc. Act 1996 could end there. The second stage would only be triggered if the Adjacent Owners had any concerns relating to the Structure Owners’ propositions or chose to neglect the Notification served by the Structure Owners.
A disagreement would then be deemed to have actually developed and, the framework offered by the Party Wall etc. Act 1996 allows a resolution so that the Structure Owners might carry out works whilst offering defense to both celebrations. At the point of a “disagreement” having actually arisen, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to proceed with dealing with the conflict. This could be through separate surveyor consultations or, by consenting to a single property surveyor, called the Agreed Surveyor.
Prior to any dispute occurring, Building Owners and Adjoining Owners do not necessarily need the services of a Party Wall Surveyor. The Party Wall Company are often commissioned to supply recommendations on the Act and to serve the relevant Party Wall Notices, ensuring they are lawfully legitimate.
What is a Party Wall Notice?
Building Owners preparing to carry out any of the works specified within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notification on any Adjacent Owner who might be impacted by the Structure Owners proposed works. There is no official design template for a Notice. Nevertheless, sufficient information of the proposed works, legal names of all Owners, and when the proposed works will start are all important to make sure the validity of the Notice.
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 adjoining residential or commercial properties. Mr Herman wished to fix the Party Fence Wall that divided the two gardens and served a Notification 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 should also be included on the Notification. The disagreement wound 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 Adjacent Owners, which has been agreed by the designated surveyor( s), authorising the execution of building work in accordance with the Act. An Award will also specify information of: how the works are to be undertaken; working times and days; measures needed to safeguard the Adjoining Owners home from damage and unneeded trouble; and make provisions for making good or the payment of settlement must harm be triggered. A Set up of Condition study of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall etc. Act 1996, is traditional and forms a recommendation file within the Award. The purpose of a Schedule of Condition survey is to provide a written and photographic record of the condition of the structure prior to any works commencing. The schedule is then referred to ought to any damage emerged during or after conclusion of the works
I Currently Have Planning Consent And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a completely separate piece of statute legislation to the Town and Nation Preparation Act 1990 or the Building Act 1984. For that reason, if your planned works would be deemed notifiable under the Party Wall Act then yes, you would need to follow the treatments set out within the Act. No Local Authority consent or approval would remove the legal commitment 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 considered to be a wall of solid structure that sits astride a border and not becoming part of a building. Any works to such walls that would be considered notifiable under the Party Wall Act would also use to Party Fence Walls. Timber 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 Adjacent Owners are pleased that the Building Owners’ proposed works will be of no inconvenience or, posture no threat of damage to their property, the Adjoining Owners just require to confirm, in writing, that they consent to the works and the Party Wall etc. At the point of a “disagreement” having actually developed, both the Building Owners and the Adjoining Owners have to select a Party Wall Surveyor to continue with dealing with the disagreement. The Party Wall Company 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 file in between Structure Owners and Adjoining Owners, which has actually been concurred by the selected surveyor( s), authorising the execution of building work in accordance with the Act. Any works to such walls that would be considered notifiable under the Party Wall Act would also apply to Party Fence Walls.
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