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Party Wall (WikiPedia)
How The Party Wall and so on.
In simple terms, the Party Wall etc. If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no inconvenience or, pose no risk of damage to their property, the Adjoining Owners only need to confirm, in writing, that they consent to the works and the Party Wall and so on. The 2nd phase would only be set off if the Adjacent Owners had any issues relating to the Building Owners’ propositions or selected to disregard the Notice served by the Structure Owners.
A disagreement would then be considered to have actually emerged and, the structure supplied by the Party Wall etc. At the point of a “conflict” having developed, both the Building Owners and the Adjacent Owners have to select a Party Wall Surveyor to continue with dealing with the disagreement.
Prior to any dispute occurring, Building Owners and Adjoining Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Company are often commissioned to supply recommendations on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully legitimate.
What is a Party Wall Notice?
Structure Owners planning to carry out any of the works defined within the Party Wall and so on. Act 1996 have a legal obligation to serve written Notification on any Adjacent Owner who might be impacted by the Building Owners proposed works.
The case of Lehmann vs Herman (1993) shows the importance of serving a valid Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent residential or commercial properties. Mr Herman wished to repair the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. However, as Mr Herman only served the Notification in his name, Mr and Mrs Lehmann contradicted the Notice as being valid and argued that as both Mr and Mrs Herman would be considered as Structure Owners under the Act, Mrs Herman should also be consisted of on the Notice. The disagreement wound up in court and the judge agreed with the Lehmanns that the Notice was void.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding document in between Building Owners and Adjacent Owners, which has been agreed by the designated surveyor( s), authorising the execution of building work in accordance with the Act. An Award will also mention information of: how the works are to be undertaken; working times and days; measures needed to secure the Adjoining Owners home from damage and unneeded trouble; and make provisions for making good or the payment of payment must damage be caused. A Schedule of Condition survey of the Adjoining Owners home, although not a specific requirement of the Party Wall etc. Act 1996, is customary and forms a recommendation file within the Award. The purpose of a Set up of Condition study is to offer a composed and photographic record of the condition of the building prior to any works starting. The schedule is then described must any damage come to light throughout or after conclusion of the works
I Already Have Preparation Authorization And/ Or Building Control Approval. Do I Still Required To Follow The Party Wall Act?
The Party Wall etc. Act 1996 is a completely different piece of statute legislation to the Town and Country Preparation Act 1990 or the Structure Act 1984. Therefore, if your prepared 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 Regional Authority consent or approval would eliminate the legal commitment 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 deemed to be a wall of solid structure that sits astride a boundary and not becoming part of a building. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise use 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 border or not.
If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, posture no threat of damage to their property, 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 “dispute” having arisen, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to proceed with dealing with the disagreement. The Party Wall Company are typically commissioned to supply advice 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 between Building Owners and Adjacent Owners, which has been concurred by the selected property 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 use to Party Fence Walls.
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