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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 Works In simplified terms, the Party Wall etc. Act 1996 can be divided into two stages; first of all the Notifying Phase and second of all, if needed, the Disputed Stage. The first stage is where the Building Owners have a legal commitment to serve a formal 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, posture no hazard of damage to their residential or commercial property, the Adjoining Owners only require to verify, in composing, that they consent to the works and the Party Wall and so on. Act 1996 could end there. The second stage would just be triggered if the Adjacent Owners had any concerns associating with the Structure Owners’ proposals or picked to ignore the Notification served by the Structure Owners.
A conflict would then be deemed to have occurred and, the framework supplied by the Party Wall and so on. At the point of a “disagreement” having emerged, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to proceed with dealing with the dispute.
Prior to any conflict occurring, Building Owners and Adjacent Owners do not necessarily need the services of a Party Wall Property Surveyor. The Party Wall Company are frequently commissioned to provide advice on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally valid.
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 Notification on any Adjoining Owner who may be affected by the Building Owners proposed works. There is no official template for a Notice. Nevertheless, enough information of the proposed works, legal names of all Owners, and when the proposed works will commence are all important to guarantee the validity of the Notice.
Mr Herman desired to repair the Party Fence Wall that divided the 2 gardens and served a Notice on Mr and Mrs Lehmann. As Mr Herman only served the Notification in his name, Mr and Mrs Lehmann refused 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 must also be included on the Notification.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Building Owners and Adjacent Owners, which has actually been agreed by the designated property surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will likewise mention details of: how the works are to be undertaken; working days and times; steps needed to safeguard the Adjoining Owners residential or commercial property from damage and unnecessary inconvenience; and make provisions for making great or the payment of settlement need to damage be triggered. 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 customary and forms a referral file within the Award. The function of a Set up of Condition survey is to offer a composed and photographic record of the condition of the structure prior to any works beginning. The schedule is then described needs to any damage come to light during or after conclusion of the works
I Already Have Planning Consent And/ Or Building Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a totally separate piece of statute legislation to the Town and Nation Planning Act 1990 or the Building Act 1984. If your planned works would be considered notifiable under the Party Wall Act then yes, you would have to follow the procedures set out within the Act. No Local Authority authorization or approval would get rid of 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 deemed to be a wall of solid structure that sits astride a border and not being part of a building. Any works to such walls that would be considered notifiable under the Party Wall Act would likewise apply to Party Fence Walls. Lumber 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 pleased that the Building Owners’ proposed works will be of no inconvenience or, position no risk of damage to their property, the Adjoining Owners just require to validate, in composing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having emerged, both the Building Owners and the Adjacent Owners have to designate a Party Wall Property surveyor to proceed with solving the conflict. The Party Wall Business are typically commissioned to offer guidance on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully valid. A Party Wall Award is a lawfully binding file between Building Owners and Adjacent Owners, which has actually been agreed by the appointed 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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