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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.

Party Wall act

How The Party Wall and so on.

Act 1996 Works In simple terms, the Party Wall etc. Act 1996 can be split into two stages; firstly the Notifying Stage and secondly, if needed, the Disputed Phase. 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 Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, posture no hazard of damage to their residential or commercial property, the Adjoining Owners only require to validate, in writing, that they consent to the works and the Party Wall and so on. Act 1996 might end there. The 2nd stage would only be triggered if the Adjoining Owners had any issues connecting to the Structure Owners’ propositions or chose to disregard the Notice served by the Building Owners.
A dispute would then be considered to have occurred and, the structure supplied by the Party Wall and so on. At the point of a “conflict” having occurred, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Surveyor to continue with dealing with the conflict.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any dispute occurring, Structure Owners and Adjacent Owners do not necessarily require the services of a Party Wall Surveyor. The Party Wall Business are often commissioned to supply guidance on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully valid. Once designated, the Surveyors will think about the proposed works and concur a Party Wall Award which would information the structure works and how they need to be carried out. The rights granted within the Party Wall Award go through the Structure Owners making good any damage or, the payment of damages in lieu of making good.

What is a Party Wall Notice?

Structure Owners preparing to carry out any of the works defined within the Party Wall and so on. Act 1996 have a legal responsibility to serve written Notification on any Adjacent Owner who may be affected by the Building Owners proposed works. There is no official design template for a Notice. Enough detail of the proposed works, legal names of all Owners, and when the proposed works will start are all critical to guarantee the validity of the Notice.
Mr Herman wanted to fix the Party Fence Wall that divided the two 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 related to as Building Owners under the Act, Mrs Herman must likewise be consisted of on the Notification.

What is a Party Wall Award?

A Party Wall Award is a legally binding document in between Structure Owners and Adjoining Owners, which has actually been concurred by the designated surveyor( s), authorising the execution of building work in accordance with the Act. An Arrange of Condition study of the Adjoining Owners home, although not a particular requirement of the Party Wall and so on. Act 1996, is customary and forms a recommendation document within the Award.

I Already Have Preparation Authorization And/ Or Building Control Approval. Do I Still Required To Follow The Party Wall Act?

If your prepared 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 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 strong structure that sits astride a limit and not becoming part of a structure. Any works to such walls that would be deemed notifiable under the Party Wall Act would also 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 Structure Owners’ proposed works will be of no trouble or, position no threat of damage to their residential or commercial property, the Adjoining Owners just require to validate, in writing, that they consent to the works and the Party Wall and so on. At the point of a “conflict” having developed, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to continue with dealing with the disagreement. The Party Wall Company are frequently commissioned to provide suggestions on the Act and to serve the pertinent Party Wall Notices, ensuring they are legally valid. A Party Wall Award is a legally binding document between Structure Owners and Adjacent Owners, which has been agreed 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 likewise apply to Party Fence Walls.

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