What is a Party Wall Award?
A Party Wall Award is an agreement made in between at least two neighbouring occupiers prior to the beginning of construction/building work which is to be undertaken to a party limit or structure, or where works are being carried out in close distance to a party border or structure. There are 3 primary types of work which require a Party Wall Property surveyor to perform a Party Wall Award and these are:
- Line of junction (building a new wall on or along with a border).
- Party Structure Works (works to an existing party wall such as cutting into, restoring, thickening and so on).
- Adjacent Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and across the UK, our knowledgeable business structure property surveyors perform a series of expert surveying services including Party Wall Studies (Party Wall Awards). At Commercial Structure Surveyors we perform Party Wall Studies by skilled and expert 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.
Act 1996 Functions In simplified terms, the Party Wall etc. Act 1996 can be split into 2 stages; first of all the Notifying Stage and secondly, if required, 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 Structure Owners’ proposed works will be of no inconvenience or, position no hazard of damage to their property, the Adjoining Owners just need to verify, in composing, that they consent to the works and the Party Wall and so on. Act 1996 could end there. The second phase would just be activated if the Adjoining Owners had any issues relating to the Building Owners’ proposals or chose to neglect the Notice served by the Structure Owners.
A dispute would then be considered to have arisen and, the framework provided by the Party Wall and so on. At the point of a “dispute” having emerged, both the Building Owners and the Adjoining Owners have to designate a Party Wall Property surveyor to continue with resolving the dispute.
Prior to any disagreement developing, Structure Owners and Adjacent Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Company are frequently commissioned to offer suggestions 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 bring 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 Adjoining Owner who might be affected by the Structure Owners proposed works.
Mr Herman wanted to repair the Party Fence Wall that divided the 2 gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman just served the Notification in his name, Mr and Mrs Lehmann declined to accept the Notice as being legitimate and argued that as both Mr and Mrs Herman would be concerned as Structure Owners under the Act, Mrs Herman ought to likewise be included on the Notification.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding document in between Building Owners and Adjacent Owners, which has actually been concurred by the appointed surveyor( s), authorising the execution of building operate in accordance with the Act. An Award will also state information of: how the works are to be undertaken; working days and times; procedures required to protect the Adjoining Owners home from damage and unnecessary hassle; and make provisions for making good or the payment of compensation ought to damage be caused. A Schedule of Condition study of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall etc. Act 1996, is popular and forms a reference document within the Award. The purpose of a Set up of Condition study is to supply a composed and photographic record of the condition of the building prior to any works starting. The schedule is then referred to must any damage emerged during or after conclusion of the works
I Currently Have Planning Approval And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a totally different piece of statute legislation to the Town and Country Planning Act 1990 or the Structure Act 1984. For that reason, if your planned works would be deemed notifiable under the Party Wall Act then yes, you would have to follow the procedures set out within the Act. No Regional Authority approval or approval would get rid of the legal responsibility 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 belonging to a structure. Therefore, any works to such walls that would be deemed 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 Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, pose no danger of damage to their property, the Adjoining Owners just require to verify, in composing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having developed, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to proceed with dealing with the conflict. The Party Wall Business are typically commissioned to supply suggestions on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully valid. A Party Wall Award is a legally binding document in between Building Owners and Adjoining Owners, which has been agreed by the selected property surveyor( s), authorising the execution of building work in accordance with the Act. Any works to such walls that would be deemed notifiable under the Party Wall Act would also use to Party Fence Walls.
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