What is a Party Wall Award?
The procedure and requirements of a Party Wall Award are as set out in the Party Wall and so on. Act 1996. A Party Wall Award is a contract made between at least two neighbouring occupiers prior to the commencement of construction/building work which is to be undertaken to a party boundary or structure, or where works are being undertaken in close proximity to a party boundary or structure. There are 3 primary kinds of work which need a Party Wall Surveyor to carry out a Party Wall Award and these are:
- Line of junction (constructing a brand-new wall on or alongside a border).
- Party Structure Functions (works to an existing party wall such as cutting into, restoring, thickening etc.).
- Nearby Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and throughout the UK, our experienced industrial structure surveyors carry out a range of expert surveying services consisting of Party Wall Studies (Party Wall Awards). At Commercial Building Surveyors we conduct Party Wall Surveys by knowledgeable 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.
The Party Wall Act 1996
as it effects the garden
At first sight, it is easy to believe that the 1996 Party Wall Act does not affect garden construction, nevertheless it does affect the building and construction of boundary walls even if not part of structures and can also applies to deep excavations.
The Party Wall Act 1996 entered force in 1997, so it is now law and offers you rights and duties whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with a pertinent structure or if your neighbour is.
The Party Wall Act does not apply to border fences.
The Party Wall Act does not affect any requirement for Preparation Authorization for any work undertaken. Having Planning Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act enters result if somebody is preparing to do work on a relevant structure, for the functions of the Act ‘party wall’ does not just indicate the wall in between 2 semi-detached properties, as far as garden enthusiasts are concerned it covers:
- A garden wall, where the wall is astride the border line (or butts up against it) and is used to separate the homes however is not part of any building.
- Excavation close to a neighbouring property.
For information of how the Party Wall Act impacts structure work in basic, take a look at this page.
Similar to all work affecting neighbours, it is always better to reach a friendly contract instead of resort to any law. Even where the work requires a notification to be served, it is better to informally talk about the designated work, consider the neighbours remarks, and modify your plans (if suitable) before serving the notification.
What garden work requires a notification and consent.
The basic principle of the Party Wall Act is that all work which might have an impact upon the structural strength or support function of the party wall or may trigger damage to the neighbouring side of the wall should be informed. If in doubt, recommendations must be looked for from a regional Structure Control Workplace or expert surveyor/architect.
Work in the garden covered by the Party Wall Act consist of:
- To rebuild/build a party and/or destroy limit wall.
- To increase the height or density of a party limit wall.
- Excavations within 3 metres of a neighbouring building where the excavation will go listed below the bottom of the foundations of the neighbouring building.
- Excavations within 6 metres of a neighbouring building where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring structure.
If the prepared work on a boundary wall falls under the Party Wall Act, a notice needs to be provided to all impacted neighbouring celebrations. The notification should include (see sample letters in Part 5 of the Party Wall leaflet):.
- The owners of the property carrying out the work.
- The address of the home.
- A full description of the proposed work (this will usually be just a single sentence laying out the work).
- The proposed start date for the work.
- A clear declaration that the notice is being served under The Party Wall etc Act 1996.
- The date the notice is being served.
- If the work includes excavations, a drawing showing the depth, position etc
If the prepared work is a brand-new limit wall approximately or astride the boundary line the process of serving a notification under the Party Wall Act is as follows:.
- The person intending to perform the work needs to serve a written notice at least one months before the desired start of the work to every neighbouring party providing details of the work to be performed.
- Each neighbouring party ought to respond in writing providing consent or registering dissent – if a neighbouring party does nothing within 2 week of receiving the notification, the effect is to put the notice into dispute. Nevertheless no official arrangement is needed for a wall approximately the limit line, the neighbour simply requires not to object in writing.
- No work may begin on a wall astride the limit line till all neighbouring celebrations have actually concurred in writing to the notification (or a modified notice).
See listed below concerning what occurs in case of a dispute/objection.
If the prepared work is an excavation within the distance/depth covered by the Party Wall Act, the notification requires to be served at least one month prior to the prepared start day of the work. Neighbouring parties need to give written contract within 14 days or a disagreement is considered to have happened.
See below concerning what occurs in the event of a dispute/objection.
If a dispute emerges, what occurs.
If agreement can not be reached in between neighbouring celebrations, the process is as follows:.
- A Property surveyor or Surveyors is/are designated to figure out a unbiased and fair Award, either:.
- A single ‘Concurred Property surveyor’ (someone appropriate to all parties).
- Each party selects their own Property surveyor to represent the specific celebrations.
The individual who is carrying out the work will normally have to pay all the expenses of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the viewpoint of the Surveyor. Nevertheless it ought to be noted that any Surveyor should act within their statutory duties and propose a objective and reasonable Award.
- A single ‘Concurred Property surveyor’ (someone appropriate to all parties).
- The Agreed Property surveyor, or the private Surveyors collectively, will produce an Award which needs to be neutral and reasonable to all celebrations.
- When an Award has been made, all parties have 14 days to attract a County Court versus the Award.
As soon as you have agreement.
All work must comply with the notice when you have contract. All the contracts must be maintained to make sure that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property may want to establish that the work was performed in accordance with the Party Wall Act requirements.
- We’ve only offered a brief overview of the Party Wall Act here as it impacts garden work but have a look at the Communities and Local Government site for a more detailed explanatory booklet including example letters for reactions and notifications.
- If a notification arrives suddenly, going over intended work with neighbours is complimentary and can prevent misconception which may occur.
- Your regional Structure Control Workplace may have the ability to give totally free recommendations relating to the Party Wall Act and how it applies to specific scenarios.
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