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Party Wall (WikiPedia)
How The Party Wall and so on.
In simplistic terms, the Party Wall and so on. If the Adjoining Owners are satisfied that the Structure Owners’ proposed works will be of no hassle or, pose no risk of damage to their residential or commercial property, the Adjoining Owners only require to confirm, in writing, that they consent to the works and the Party Wall and so on. The 2nd stage would just be activated if the Adjoining Owners had any issues relating to the Structure Owners’ propositions or chose to overlook the Notice served by the Building Owners.
A conflict would then be deemed to have actually emerged and, the structure provided by the Party Wall and so on. Act 1996 makes it possible for a resolution so that the Structure Owners could undertake works whilst offering protection to both celebrations. At the point of a “dispute” having actually arisen, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Property surveyor to proceed with dealing with the disagreement. This could be through different property surveyor visits or, by agreeing to a single surveyor, called the Agreed Surveyor.
Prior to any dispute arising, Structure Owners and Adjacent Owners do not always need the services of a Party Wall Surveyor. The Party Wall Business are frequently commissioned to offer suggestions on the Act and to serve the appropriate Party Wall Notices, ensuring they are lawfully valid.
What is a Party Wall Notification?
Building Owners planning to carry out any of the works specified within the Party Wall etc. 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 Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent homes. 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 just served the Notification in his name, Mr and Mrs Lehmann contradicted the Notification as standing and argued that as both Mr and Mrs Herman would be considered Structure Owners under the Act, Mrs Herman need to also be included on the Notice. The dispute ended up in court and the judge agreed with the Lehmanns that the Notification was void.
What is a Party Wall Award?
A Party Wall Award is a legally binding file between Structure Owners and Adjacent Owners, which has been agreed 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 home, although not a particular requirement of the Party Wall and so on. Act 1996, is popular and forms a recommendation file within the Award.
I Already Have Preparation Consent And/ Or Building Control Approval. Do I Still Required To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a totally different piece of statute legislation to the Town and Nation Planning Act 1990 or the Building Act 1984. If your planned 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 remove 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 deemed to be a wall of solid structure that sits astride a boundary and not being part of a structure. For that reason, any works to such walls that would be considered notifiable under the Party Wall Act would likewise apply 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 limit or not.
If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no trouble or, posture no threat 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 and so on. At the point of a “conflict” having arisen, both the Building Owners and the Adjoining Owners have to select a Party Wall Property surveyor to continue with resolving the conflict. The Party Wall Company are typically commissioned to offer guidance on the Act and to serve the relevant Party Wall Notices, guaranteeing they are lawfully legitimate. A Party Wall Award is a legally binding file between Structure Owners and Adjoining Owners, which has actually been concurred by the selected 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 apply to Party Fence Walls.
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