What is a Party Wall Award?
The process 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 an arrangement made in between a minimum of 2 neighbouring occupiers prior to the start 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 three main types of work which need a Party Wall Property surveyor to carry out a Party Wall Award and these are:
- Line of junction (constructing a new wall on or along with a limit).
- 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 building).
In London and across the UK, our experienced commercial structure surveyors carry out a variety of professional surveying services consisting of Party Wall Surveys (Party Wall Awards). At Commercial Building Surveyors we conduct 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.
In simplified terms, the Party Wall etc. If the Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, posture no threat of damage to their property, the Adjoining Owners only require to validate, in composing, that they consent to the works and the Party Wall and so on. The second phase would only be activated if the Adjacent Owners had any issues relating to the Structure Owners’ propositions or chose to disregard the Notification served by the Building Owners.
A dispute would then be considered to have arisen and, the structure offered by the Party Wall and so on. Act 1996 makes it possible for a resolution so that the Structure Owners might carry out works whilst providing defense to both celebrations. At the point of a “conflict” having emerged, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Surveyor to proceed with solving the conflict. This could be via different property surveyor appointments or, by agreeing to a single surveyor, called the Agreed Property surveyor.
Prior to any disagreement arising, Building Owners and Adjacent Owners do not always require the services of a Party Wall Property Surveyor. The Party Wall Business are often commissioned to supply advice on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully valid.
What is a Party Wall Notice?
Building Owners planning to carry out any of the works defined within the Party Wall etc. Act 1996 have a legal commitment to serve written Notice on any Adjacent Owner who may be affected by the Building Owners proposed works.
Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman just served the Notice in his name, Mr and Mrs Lehmann refused to accept the Notification as being legitimate and argued that as both Mr and Mrs Herman would be concerned as Structure Owners under the Act, Mrs Herman need to also 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 Adjacent Owners, which has been agreed by the selected property surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will also specify details of: how the works are to be undertaken; working days and times; measures needed to protect the Adjoining Owners property from damage and unneeded inconvenience; and make provisions for making great or the payment of payment ought to damage be triggered. A Schedule 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 reference file within the Award. The purpose of a Schedule of Condition study is to provide a composed and photographic record of the condition of the building prior to any works beginning. The schedule is then described must any damage come to light during or after completion of the works
I Already Have Preparation Permission 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 Local Authority consent or approval would get rid of the legal obligation 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 deemed to be a wall of strong structure that sits astride a border and not becoming part of a building. For that reason, any works to such walls that would be considered 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 deemed to be a Party Fence Wall, whether astride a border or not.
If the Adjoining Owners are satisfied that the Structure 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 verify, in composing, that they consent to the works and the Party Wall etc. At the point of a “disagreement” having actually developed, both the Structure Owners and the Adjacent Owners have to select a Party Wall Property surveyor to proceed with resolving the conflict. The Party Wall Business are often commissioned to supply suggestions on the Act and to serve the pertinent Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a legally binding file in between Building Owners and Adjoining Owners, which has been agreed by the appointed property 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 also use to Party Fence Walls.
Around the Web