What is a Party Wall Award?
The procedure and requirements of a Party Wall Award are as set out in the Party Wall and so on. Act 1996. A Party Wall Award is a contract made between a minimum of 2 neighbouring occupiers prior to the beginning of construction/building work which is to be carried out to a party limit or structure, or where works are being undertaken in close proximity to a party border or structure. There are three main kinds of work which require a Party Wall Surveyor to perform a Party Wall Award and these are:
- Line of junction (building a new wall on or along with a limit).
- Party Structure Functions (works to an existing party wall such as cutting into, rebuilding, thickening etc.).
- Surrounding Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and across the UK, our skilled industrial building property surveyors perform a variety of professional surveying services consisting of Party Wall Surveys (Party Wall Awards). At Commercial Structure Surveyors we carry out Party Wall Studies by expert and skilled 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 and so on.
Act 1996 Works In simple terms, the Party Wall etc. Act 1996 can be divided into two phases; first of all the Notifying Stage and second of all, if required, 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 Adjoining Owners. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, posture no risk of damage to their home, the Adjoining Owners only require to verify, in writing, that they consent to the works and the Party Wall etc. Act 1996 might end there. The 2nd stage would only be triggered if the Adjacent Owners had any issues associating with the Structure Owners’ propositions or selected to ignore the Notification served by the Building Owners.
A dispute would then be considered to have actually arisen and, the structure offered by the Party Wall etc. At the point of a “dispute” having actually occurred, both the Structure Owners and the Adjoining Owners have to select a Party Wall Property surveyor to continue with resolving the disagreement.
Party Wall Surveyors are responsibility bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any conflict occurring, Structure Owners and Adjoining Owners do not necessarily need the services of a Party Wall Surveyor. Nevertheless, The Party Wall Company are frequently commissioned to offer guidance on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are legally legitimate. When appointed, the Surveyors will think about the proposed works and concur a Party Wall Award which would detail the structure works and how they need to be undertaken. The rights given within the Party Wall Award undergo the Structure Owners making good any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notification?
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 Adjacent Owner who might be affected by the Building Owners proposed works.
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 need to also be included on the Notification.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Structure Owners and Adjoining Owners, which has actually been concurred by the selected property surveyor( s), authorising the execution of building work in accordance with the Act. An Arrange of Condition study of the Adjoining Owners property, although not a specific requirement of the Party Wall and so on. Act 1996, is popular and forms a reference document within the Award.
I Currently Have Planning Permission And/ Or Structure 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 treatments set out within the Act. No Regional Authority authorization or approval would get rid of the legal responsibility 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 strong structure that sits astride a border and not belonging to a structure. Therefore, 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 boundary or not.
If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, position no threat of damage to their residential or commercial property, the Adjoining Owners only require to validate, in composing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having actually arisen, both the Building Owners and the Adjacent Owners have to select a Party Wall Property surveyor to continue with solving the dispute. The Party Wall Business are typically commissioned to provide guidance on the Act and to serve the pertinent Party Wall Notices, ensuring they are lawfully valid. A Party Wall Award is a legally binding file 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 considered notifiable under the Party Wall Act would likewise apply to Party Fence Walls.
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