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 a contract made between at least two neighbouring occupiers prior to the beginning of construction/building work which is to be carried out to a party border or structure, or where works are being undertaken in close proximity to a party boundary or structure. There are three primary types of work which require a Party Wall Property surveyor to conduct a Party Wall Award and these are:
- Line of junction (building a new wall on or alongside a border).
- Party Structure Works (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 throughout the UK, our knowledgeable industrial building property surveyors carry out a variety of professional surveying services including Party Wall Surveys (Party Wall Awards). At Commercial Building Surveyors we conduct Party Wall Surveys by experienced and professional Party Wall Surveyors throughout the UK.
Party Wall (WikiPedia)
How The Party Wall and so on.
Act 1996 Works In simplistic terms, the Party Wall etc. Act 1996 can be split into 2 phases; firstly the Notifying Phase and second of all, if needed, the Disputed Stage. The first stage is where the Structure Owners have a legal responsibility to serve an official Notice detailing the proposed works upon the Adjacent Owners. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no inconvenience or, posture no hazard of damage to their property, the Adjoining Owners just require to verify, in writing, that they consent to the works and the Party Wall and so on. Act 1996 might end there. The 2nd phase would only be activated if the Adjoining Owners had any issues connecting to the Building Owners’ proposals or selected to overlook the Notice served by the Building Owners.
A conflict would then be considered to have emerged and, the framework supplied by the Party Wall etc. At the point of a “dispute” having developed, both the Structure Owners and the Adjoining Owners have to appoint a Party Wall Surveyor to proceed with fixing the conflict.
Party Wall Surveyors are responsibility bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any disagreement developing, Structure Owners and Adjacent Owners do not necessarily need the services of a Party Wall Property Surveyor. However, The Party Wall Company are typically commissioned to provide suggestions on the Act and to serve the relevant Party Wall Notices, guaranteeing they are lawfully legitimate. When appointed, the Surveyors will think about the proposed works and agree a Party Wall Award which would information the structure works and how they should be carried out. The rights granted within the Party Wall Award are subject to the Structure Owners making great 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 defined within the Party Wall etc. Act 1996 have a legal obligation to serve written Notice on any Adjoining Owner who might be affected by the Building Owners proposed works. There is no main template for a Notice. However, enough detail 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.
The case of Lehmann vs Herman (1993) shows the value of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent residential or commercial properties. Mr Herman wished to repair 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 concerned as Structure Owners under the Act, Mrs Herman ought to also be included on the Notification. The conflict ended up in court and the judge agreed with the Lehmanns that the Notification was invalid.
What is a Party Wall Award?
A Party Wall Award is a legally binding document between Building Owners and Adjacent Owners, which has been agreed by the designated surveyor( s), authorising the execution of building work in accordance with the Act. A Schedule of Condition survey of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall and so on. Act 1996, is popular and forms a referral document within the Award.
I Currently Have Planning Consent And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall etc. Act 1996 is an absolutely separate piece of statute legislation to the Town and Nation Planning Act 1990 or the Structure Act 1984. For that reason, if your prepared works would be considered notifiable under the Party Wall Act then yes, you would need to follow the procedures set out within the Act. No Regional Authority authorization or approval would remove 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 considered to be a wall of strong structure that sits astride a limit and not becoming 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. 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 Building Owners’ proposed works will be of no hassle or, posture no hazard of damage to their residential or commercial property, the Adjoining Owners just need to verify, in composing, that they consent to the works and the Party Wall etc. At the point of a “conflict” having occurred, both the Building Owners and the Adjoining Owners have to designate a Party Wall Surveyor to proceed with dealing with the disagreement. The Party Wall Business are often commissioned to supply advice on the Act and to serve the relevant Party Wall Notices, guaranteeing they are legally legitimate. A Party Wall Award is a lawfully binding document in between Building Owners and Adjacent Owners, which has actually 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 likewise use to Party Fence Walls.
Around the Web