What is a Party Wall Award?
The procedure and requirements of a Party Wall Award are as set out in the Party Wall etc. Act 1996. A Party Wall Award is an arrangement made in between a minimum of two neighbouring occupiers prior to the commencement of construction/building work which is to be undertaken to a party border or structure, or where works are being carried out in close proximity to a party limit or structure. There are 3 primary kinds of work which require a Party Wall Surveyor to conduct a Party Wall Award and these are:
- Line of junction (constructing a brand-new wall on or alongside a boundary).
- Party Structure Works (works to an existing party wall such as cutting into, reconstructing, thickening and so on).
- Nearby Excavation (excavations to a lower level within either 3m or 6m of an existing building).
In London and across the UK, our experienced commercial building surveyors perform a series of expert surveying services consisting of Party Wall Surveys (Party Wall Awards). At Commercial Structure Surveyors we conduct Party Wall Surveys by professional and experienced 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 simplistic terms, the Party Wall etc. Act 1996 can be divided into two phases; to start with the Notifying Stage and second of all, if needed, the Disputed Stage. The first stage is where the Building Owners have a legal responsibility to serve a formal Notice detailing the proposed works upon the Adjoining Owners. If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no trouble or, position no hazard of damage to their residential or commercial property, the Adjoining Owners just need to verify, in composing, that they grant the works and the Party Wall and so on. Act 1996 could end there. The second stage would just be activated if the Adjacent Owners had any concerns relating to the Structure Owners’ proposals or chose to overlook the Notice served by the Structure Owners.
A conflict would then be deemed to have actually occurred and, the framework offered by the Party Wall and so on. At the point of a “dispute” having actually arisen, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Surveyor to proceed with fixing the disagreement.
Prior to any disagreement occurring, Building Owners and Adjacent Owners do not always need the services of a Party Wall Surveyor. The Party Wall Business are often commissioned to provide recommendations on the Act and to serve the pertinent Party Wall Notices, ensuring they are legally legitimate.
What is a Party Wall Notice?
Building Owners preparing to carry out any of the works specified within the Party Wall etc. Act 1996 have a legal obligation to serve written Notice on any Adjoining Owner who might be affected by the Building Owners proposed works.
Mr Herman wanted to fix the Party Fence Wall that divided the 2 gardens and served a Notice 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 concerned as Building Owners under the Act, Mrs Herman need to also be consisted of on the Notification.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file in between Structure Owners and Adjoining Owners, which has actually been concurred by the selected property surveyor( s), authorising the execution of structure work in accordance with the Act. An Arrange of Condition study of the Adjoining Owners home, although not a specific requirement of the Party Wall and so on. Act 1996, is customary and forms a reference document within the Award.
I Currently Have Preparation 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 completely separate 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 Local Authority permission or approval would eliminate 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 boundary and not becoming part of a structure. Any works to such walls that would be considered 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 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 trouble or, posture no threat of damage to their home, 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 “conflict” having arisen, both the Building Owners and the Adjoining Owners have to designate a Party Wall Property surveyor to continue with solving the conflict. The Party Wall Company are frequently commissioned to offer advice on the Act and to serve the relevant Party Wall Notices, guaranteeing they are lawfully legitimate. A Party Wall Award is a lawfully binding document between Structure Owners and Adjacent Owners, which has actually been concurred by the appointed 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 likewise use to Party Fence Walls.
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