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 boundary or structure, or where works are being undertaken in close distance to a party boundary or structure. There are three primary types of work which require a Party Wall Surveyor to conduct a Party Wall Award and these are:
- Line of junction (constructing a new wall on or together with a boundary).
- Party Structure Works (works to an existing party wall such as cutting into, rebuilding, thickening and so on).
- Surrounding Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and throughout the UK, our knowledgeable industrial building surveyors carry out a series of professional surveying services including Party Wall Surveys (Party Wall Awards). At Commercial Building Surveyors we conduct Party Wall Studies 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 etc.
Act 1996 Works In simple terms, the Party Wall etc. Act 1996 can be split into two phases; firstly the Notifying Phase and second of all, if needed, the Disputed Phase. The first stage is where the Building Owners have a legal obligation to serve a formal Notification detailing the proposed works upon the Adjacent Owners. If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, pose no threat of damage to their property, the Adjoining Owners just need to confirm, in writing, that they consent to the works and the Party Wall and so on. Act 1996 could end there. The second stage would only be activated if the Adjacent Owners had any concerns relating to the Structure Owners’ proposals or chose to ignore the Notification served by the Building Owners.
A dispute would then be deemed to have arisen and, the structure provided by the Party Wall and so on. At the point of a “dispute” having actually occurred, both the Structure Owners and the Adjacent Owners have to designate a Party Wall Surveyor to continue with resolving the dispute.
Prior to any disagreement emerging, Structure Owners and Adjoining Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Business are typically commissioned to supply advice on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully valid.
What is a Party Wall Notification?
Structure Owners preparing to bring out any of the works specified within the Party Wall etc. Act 1996 have a legal commitment to serve written Notice on any Adjacent Owner who might be affected by the Structure 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 declined to accept the Notice as being legitimate and argued that as both Mr and Mrs Herman would be concerned as Building Owners under the Act, Mrs Herman must 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 agreed by the designated property 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 carried out; working days and times; measures required to secure the Adjoining Owners property from damage and unneeded hassle; and make provisions for making good or the payment of compensation ought to harm be triggered. A Set up of Condition survey of the Adjoining Owners home, although not a particular requirement of the Party Wall etc. Act 1996, is traditional and forms a referral file within the Award. The purpose of a Schedule of Condition survey is to provide a written and photographic record of the condition of the structure prior to any works beginning. The schedule is then described should any damage come to light during or after conclusion of the works
I Already Have Preparation Authorization 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 consent 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 strong structure that sits astride a limit and not belonging to a building. Any works to such walls that would be deemed 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 considered to be a Party Fence Wall, whether astride a limit or not.
If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no inconvenience or, position no threat of damage to their home, the Adjoining Owners only need to validate, in writing, that they consent to the works and the Party Wall etc. At the point of a “conflict” having actually developed, both the Building Owners and the Adjoining Owners have to select a Party Wall Property surveyor to continue with dealing with the dispute. The Party Wall Business are frequently commissioned to provide recommendations on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully valid. A Party Wall Award is a legally binding file 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 deemed notifiable under the Party Wall Act would also use to Party Fence Walls.
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