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 carried out to a party boundary or structure, or where works are being carried out in close proximity to a party boundary or structure. There are 3 primary types of work which require a Party Wall Surveyor to perform a Party Wall Award and these are:
- Line of junction (building a brand-new wall on or alongside a limit).
- Party Structure Works (works to an existing party wall such as cutting into, rebuilding, 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 skilled commercial building property surveyors perform a variety of expert surveying services consisting of Party Wall Studies (Party Wall Awards). At Commercial Building Surveyors we perform Party Wall Surveys by knowledgeable and professional Party Wall Surveyors throughout the UK.
Party Wall (WikiPedia)
How The Party Wall and so on.
Act 1996 Functions In simple terms, the Party Wall etc. Act 1996 can be divided into 2 phases; to start with the Notifying Phase and second of all, if needed, the Disputed Stage. The first stage is where the Structure Owners have a legal obligation to serve a formal Notice detailing the proposed works upon the Adjacent Owners. If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no trouble or, pose no danger of damage to their residential or commercial property, the Adjoining Owners only require to validate, in writing, that they grant the works and the Party Wall and so on. Act 1996 might end there. The second phase would only be activated if the Adjoining Owners had any concerns connecting to the Structure Owners’ propositions or selected to disregard the Notification served by the Building Owners.
A disagreement would then be considered to have actually occurred and, the structure supplied by the Party Wall etc. Act 1996 enables a resolution so that the Structure Owners could carry out works whilst offering defense to both parties. At the point of a “conflict” having actually emerged, both the Building Owners and the Adjoining Owners need to designate a Party Wall Surveyor to proceed with fixing the disagreement. This could be through different property surveyor consultations or, by agreeing to a single surveyor, called the Agreed Surveyor.
Prior to any dispute arising, Structure Owners and Adjoining Owners do not necessarily require the services of a Party Wall Surveyor. The Party Wall Business are often commissioned to supply advice on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully legitimate.
What is a Party Wall Notification?
Building Owners preparing to bring out any of the works specified within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notification on any Adjacent Owner who may be impacted by the Building Owners proposed works.
The case of Lehmann vs Herman (1993) reveals the importance of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent homes. 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 Notification as being valid and argued that as both Mr and Mrs Herman would be related to as Building Owners under the Act, Mrs Herman ought to also be included on the Notice. The conflict ended 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 legally binding file between Building Owners and Adjoining Owners, which has actually been concurred by the appointed surveyor( s), authorising the execution of building work in accordance with the Act. An Award will also mention details of: how the works are to be undertaken; working days and times; measures required to secure the Adjoining Owners home from damage and unneeded inconvenience; and make provisions for making great or the payment of payment need to damage be triggered. A Set up of Condition study of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall and so on. Act 1996, is customary and forms a recommendation file within the Award. The function of a Set up of Condition survey is to provide a composed and photographic record of the condition of the building prior to any works starting. The schedule is then referred to ought to any damage emerged during or after completion of the works
I Already Have Planning Consent And/ Or Building Control Approval. Do I Still Need 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 get rid of the legal obligation 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 considered to be a wall of solid structure that sits astride a border and not belonging to a building. For that reason, any works to such walls that would be deemed notifiable under the Party Wall Act would also apply to Party Fence Walls. Timber 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 Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no hassle or, present no danger 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. At the point of a “disagreement” having developed, both the Building Owners and the Adjoining Owners have to select a Party Wall Property surveyor to proceed with solving the conflict. The Party Wall Company are frequently commissioned to provide advice on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally legitimate. A Party Wall Award is a legally binding file in between Structure Owners and Adjacent Owners, which has 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 likewise use to Party Fence Walls.
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