What is a Party Wall Award?
A Party Wall Award is an arrangement made in between at least two neighbouring occupiers prior to the beginning of construction/building work which is to be carried out to a party boundary or structure, or where works are being carried out in close proximity to a party limit or structure. There are 3 main types of work which require a Party Wall Property 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).
- 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 structure surveyors carry out a series of professional surveying services including Party Wall Surveys (Party Wall Awards). At Commercial Structure Surveyors we conduct Party Wall Studies by skilled and expert Party Wall Surveyors throughout the UK.
Party Wall (WikiPedia)
How The Party Wall etc.
In simple terms, the Party Wall and so on. If the Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, present 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. The second phase would just be activated if the Adjacent Owners had any concerns relating to the Building Owners’ proposals or picked to ignore the Notification served by the Structure Owners.
A conflict would then be deemed to have arisen and, the structure provided by the Party Wall etc. At the point of a “conflict” having arisen, both the Structure Owners and the Adjoining Owners have to select a Party Wall Property surveyor to proceed with solving the disagreement.
Prior to any conflict arising, Structure Owners and Adjacent Owners do not always need the services of a Party Wall Surveyor. The Party Wall Business are frequently commissioned to provide suggestions on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally valid.
What is a Party Wall Notice?
Structure Owners planning to bring out any of the works defined within the Party Wall and so on. Act 1996 have a legal obligation to serve written Notice on any Adjoining Owner who might be impacted by the Structure Owners proposed works.
The case of Lehmann vs Herman (1993) reveals the value of serving a legitimate Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent homes. Mr Herman wished to repair the Party Fence Wall that divided the two gardens and served a Notice on Mr and Mrs Lehmann. Nevertheless, as Mr Herman just served the Notice in his name, Mr and Mrs Lehmann refused to accept the Notice as standing and argued that as both Mr and Mrs Herman would be regarded 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 Notification was invalid.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file in between Building Owners and Adjoining Owners, which has actually been concurred by the selected property surveyor( s), authorising the execution of building operate in accordance with the Act. An Award will likewise state details of: how the works are to be undertaken; working days and times; measures needed to secure the Adjoining Owners home from damage and unneeded inconvenience; and make provisions for making good or the payment of payment should damage be caused. An Arrange of Condition survey of the Adjoining Owners home, although not a particular requirement of the Party Wall etc. Act 1996, is popular and forms a recommendation document within the Award. The purpose of an Arrange of Condition survey is to provide a written and photographic record of the condition of the building prior to any works commencing. The schedule is then referred to needs to any damage come to light throughout or after conclusion of the works
I Already Have Planning Permission And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?
If your prepared 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 approval or approval would eliminate 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 considered to be a wall of solid structure that sits astride a border and not being part of a building. Therefore, any works to such walls that would be considered notifiable under the Party Wall Act would also apply to Party Fence Walls. Wood fencing, precast concrete posts with infill panel fencing, etc would not be deemed to be a Party Fence Wall, whether astride a limit or not.
If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, posture no risk of damage to their home, the Adjoining Owners only need to confirm, in writing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having actually emerged, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to proceed with resolving the conflict. 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 valid. A Party Wall Award is a lawfully binding document in between Structure Owners and Adjacent Owners, which has actually been concurred by the designated 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 apply to Party Fence Walls.
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