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 undertaken to a party boundary or structure, or where works are being undertaken in close distance to a party border or structure. There are 3 main types of work which require a Party Wall Property surveyor to perform a Party Wall Award and these are:
- Line of junction (building a new wall on or alongside a border).
- Party Structure Functions (works to an existing party wall such as cutting into, restoring, thickening and so on).
- Nearby Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and throughout the UK, our knowledgeable business building surveyors carry out a series of professional surveying services including Party Wall Surveys (Party Wall Awards). At Commercial Structure Surveyors we carry out Party Wall Surveys by professional 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 etc.
Act 1996 Functions In simplistic terms, the Party Wall and so on. Act 1996 can be divided into two stages; first of all the Notifying Stage and second of all, if needed, the Disputed Stage. The first stage is where the Structure Owners have a legal obligation to serve an official 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 hassle or, position no risk of damage to their residential or commercial property, the Adjoining Owners only need to validate, in writing, that they consent to the works and the Party Wall etc. Act 1996 could end there. The second phase would only be triggered if the Adjacent Owners had any concerns associating with the Building Owners’ propositions or chose to disregard the Notification served by the Structure Owners.
A dispute would then be deemed to have actually developed and, the structure offered by the Party Wall and so on. At the point of a “dispute” having arisen, both the Building Owners and the Adjoining Owners have to appoint a Party Wall Property surveyor to continue with fixing the dispute.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any dispute arising, Building Owners and Adjoining Owners do not necessarily require the services of a Party Wall Property Surveyor. However, The Party Wall Business are often commissioned to offer recommendations on the Act and to serve the relevant Party Wall Notices, ensuring they are lawfully valid. Once selected, the Surveyors will think about the proposed works and agree a Party Wall Award which would information the structure works and how they need to be undertaken. The rights given within the Party Wall Award go through the Structure Owners making great any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notification?
Building Owners planning to carry out any of the works defined within the Party Wall and so on. Act 1996 have a legal obligation to serve written Notice on any Adjacent Owner who may be impacted by the Building Owners proposed works. There is no official design template for a Notice. Sufficient information of the proposed works, legal names of all Owners, and when the proposed works will begin are all vital to ensure the validity of the Notification.
Mr Herman wanted to fix the Party Fence Wall that divided the 2 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 Notice as being legitimate and argued that as both Mr and Mrs Herman would be concerned as Building Owners under the Act, Mrs Herman should also be consisted of on the Notice.
What is a Party Wall Award?
A Party Wall Award is a legally binding file in between Building Owners and Adjacent Owners, which has actually been agreed by the selected surveyor( s), authorising the execution of structure work in accordance with the Act. A Schedule of Condition survey of the Adjoining Owners residential or commercial property, although not a specific requirement of the Party Wall and so on. Act 1996, is traditional and forms a referral document within the Award.
I Already Have Planning Approval 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 procedures set out within the Act. No Local Authority authorization or approval would get rid of 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 solid structure that sits astride a border and not being part of a building. Any works to such walls that would be deemed notifiable under the Party Wall Act would also apply to Party Fence Walls. Wood fencing, precast concrete posts with infill panel fencing, etc would not be considered to be a Party Fence Wall, whether astride a boundary or not.
If the Adjacent Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, position no risk of damage to their property, the Adjoining Owners just need to validate, in writing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having actually arisen, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to continue with solving the dispute. The Party Wall Business are often commissioned to offer recommendations on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a lawfully binding file between Building 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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