What is a Party Wall Award?
The procedure and requirements of a Party Wall Award are as set out in the Party Wall etc. Act 1996. A Party Wall Award is an arrangement made between a minimum of two neighbouring occupiers prior to the commencement of construction/building work which is to be undertaken to a party border or structure, or where works are being carried out in close proximity to a party border or structure. There are three primary types of work which need a Party Wall Property surveyor to conduct a Party Wall Award and these are:
- Line of junction (constructing a brand-new wall on or along with a border).
- 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 building).
In London and across the UK, our skilled industrial structure surveyors carry out a range of professional surveying services consisting of Party Wall Studies (Party Wall Awards). At Commercial Structure Surveyors we perform 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 and so on.
Act 1996 Functions In simplistic terms, the Party Wall and so on. Act 1996 can be split into two stages; to start with the Notifying Stage and second of all, if needed, the Disputed Phase. 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 satisfied that the Structure Owners’ proposed works will be of no trouble or, posture no threat of damage to their residential or commercial property, the Adjoining Owners just require to validate, in writing, that they grant the works and the Party Wall and so on. Act 1996 might end there. The 2nd phase would just be activated if the Adjoining Owners had any issues connecting to the Building Owners’ proposals or chose to ignore the Notice served by the Structure Owners.
A disagreement would then be considered to have occurred and, the framework supplied by the Party Wall etc. At the point of a “dispute” having actually emerged, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Property surveyor to proceed with resolving 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 dispute developing, Structure Owners and Adjoining Owners do not necessarily need the services of a Party Wall Property Surveyor. However, The Party Wall Business are frequently commissioned to supply advice on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally legitimate. As soon as selected, the Surveyors will think about the proposed works and concur a Party Wall Award which would detail the building works and how they should be carried out. The rights approved within the Party Wall Award go through the Structure Owners making great any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notification?
Structure Owners preparing to carry out any of the works specified within the Party Wall etc. Act 1996 have a legal responsibility to serve written Notice on any Adjacent Owner who may be affected by the Structure Owners proposed works.
The case of Lehmann vs Herman (1993) reveals the value of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining homes. Mr Herman wished 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 Notice as being valid and argued that as both Mr and Mrs Herman would be related to as Building Owners under the Act, Mrs Herman need to likewise be consisted of 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 file in 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. An Arrange of Condition survey of the Adjoining Owners home, although not a particular requirement of the Party Wall and so on. Act 1996, is popular and forms a reference document within the Award.
I Already Have Planning Approval And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
If your planned works would be deemed notifiable under the Party Wall Act then yes, you would have to follow the treatments set out within the Act. No Local Authority permission 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 boundary and not belonging to a structure. Any works to such walls that would be considered notifiable under the Party Wall Act would likewise use to Party Fence Walls. Lumber 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 pleased that the Building Owners’ proposed works will be of no hassle or, present no danger 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 etc. At the point of a “conflict” having actually emerged, both the Building Owners and the Adjoining Owners have to select a Party Wall Surveyor to proceed with dealing with the conflict. The Party Wall Business are often commissioned to offer advice on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are legally legitimate. A Party Wall Award is a lawfully binding document in between Building Owners and Adjoining Owners, which has actually been concurred by the designated 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 apply to Party Fence Walls.
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