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Party Wall (WikiPedia)

Commonly, the home builder lays the wall surface along a residential property line dividing 2 terraced residences, so that one fifty percent of the wall surface’s thickness lies on each side. This type of wall surface is normally structural. Event wall surfaces can also be created by two abutting walls developed at various times.

Party Wall act

How The Party Wall and so on.

In simplistic terms, the Party Wall etc. If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no hassle or, position no risk of damage to their residential or commercial property, the Adjoining Owners only require to confirm, in composing, that they consent to the works and the Party Wall etc. The 2nd stage would only be triggered if the Adjacent Owners had any issues relating to the Structure Owners’ propositions or chose to neglect the Notice served by the Building Owners.
A conflict would then be considered to have actually emerged and, the framework provided by the Party Wall and so on. Act 1996 allows a resolution so that the Structure Owners could undertake works whilst supplying defense to both celebrations. At the point of a “disagreement” having developed, both the Structure Owners and the Adjoining Owners have to select a Party Wall Property surveyor to proceed with solving the disagreement. This could be via separate surveyor consultations or, by consenting to a single surveyor, called the Agreed Surveyor.
Prior to any dispute emerging, Building Owners and Adjoining Owners do not necessarily require the services of a Party Wall Surveyor. The Party Wall Company are often commissioned to offer recommendations on the Act and to serve the relevant Party Wall Notices, ensuring they are legally valid.

What is a Party Wall Notice?

Structure 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 impacted by the Structure Owners proposed works. There is no official design template for a Notice. Nevertheless, enough information of the proposed works, legal names of all Owners, and when the proposed works will start are all critical to make sure the credibility of the Notice.
The case of Lehmann vs Herman (1993) reveals the importance of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining homes. Mr Herman wanted to fix the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. However, as Mr Herman only served the Notification in his name, Mr and Mrs Lehmann refused to accept the Notice as standing and argued that as both Mr and Mrs Herman would be considered as Building Owners under the Act, Mrs Herman should also be included on the Notification. The dispute 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 designated surveyor( s), authorising the execution of structure operate in accordance with the Act. An Award will also mention details of: how the works are to be undertaken; working times and days; measures required to secure the Adjoining Owners home from damage and unneeded inconvenience; and make provisions for making great or the payment of compensation must damage be triggered. A Schedule of Condition study of the Adjoining Owners property, although not a specific requirement of the Party Wall and so on. Act 1996, is customary and forms a recommendation document within the Award. The function of a Set up of Condition survey is to provide a written and photographic record of the condition of the structure prior to any works commencing. The schedule is then described must any damage emerged during or after completion of the works
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I Already Have Planning Approval And/ Or Structure Control Approval. Do I Still Need 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 Regional Authority consent or approval would remove the legal obligation to serve a Party Wall Notice 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 limit and not becoming part of a building. Any works to such walls that would be considered notifiable under the Party Wall Act would likewise apply 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 limit or not.

If the Adjacent Owners are pleased that the Structure Owners’ proposed works will be of no trouble or, position no danger of damage to their home, the Adjoining Owners just need 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 Property surveyor to continue with dealing with the dispute. The Party Wall Company 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 file between Structure Owners and Adjacent Owners, which has been agreed by the selected property 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 likewise use to Party Fence Walls.

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