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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 Works In simplistic terms, the Party Wall and so on. Act 1996 can be divided into 2 phases; firstly the Notifying Stage and second of all, if needed, the Disputed Stage. The first stage is where the Building Owners have a legal obligation to serve an official Notice detailing the proposed works upon the Adjoining Owners. If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no hassle or, posture no hazard of damage to their home, the Adjoining Owners only require to verify, in composing, that they consent to the works and the Party Wall and so on. Act 1996 could end there. The 2nd stage would only be set off if the Adjacent Owners had any issues relating to the Structure Owners’ propositions or picked to ignore the Notification served by the Structure Owners.
A conflict would then be deemed to have emerged and, the framework offered by the Party Wall etc. Act 1996 allows a resolution so that the Building Owners could undertake works whilst supplying defense to both parties. At the point of a “disagreement” having emerged, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to proceed with dealing with the disagreement. This could be through different property surveyor appointments or, by accepting a single property surveyor, called the Agreed Surveyor.
Prior to any conflict emerging, Structure Owners and Adjacent Owners do not always need the services of a Party Wall Property Surveyor. The Party Wall Business are typically commissioned to supply suggestions on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are legally valid.
What is a Party Wall Notice?
Structure Owners preparing to bring out any of the works defined within the Party Wall etc. Act 1996 have a legal responsibility to serve written Notification on any Adjacent Owner who might be affected by the Structure Owners proposed works.
Mr Herman wanted to fix 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 refused to accept the Notice as being valid and argued that as both Mr and Mrs Herman would be concerned as Structure Owners under the Act, Mrs Herman need to also be consisted of on the Notice.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file between Structure Owners and Adjoining Owners, which has actually been concurred by the designated surveyor( s), authorising the execution of structure work in accordance with the Act. An Arrange of Condition survey of the Adjoining Owners property, although not a particular requirement of the Party Wall and so on. Act 1996, is traditional and forms a referral document within the Award.
I Already Have Planning Consent And/ Or Structure Control Approval. Do I Still Required 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 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 considered to be a wall of strong structure that sits astride a boundary and not becoming part of a structure. For that reason, any works to such walls that would be deemed notifiable under the Party Wall Act would likewise apply to Party Fence Walls. Timber 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 satisfied that the Building Owners’ proposed works will be of no inconvenience or, posture no danger of damage to their property, the Adjoining Owners only require to confirm, in composing, that they consent to the works and the Party Wall and so on. At the point of a “disagreement” having developed, both the Structure Owners and the Adjacent Owners have to designate a Party Wall Property surveyor to proceed with solving the conflict. The Party Wall Company are often commissioned to provide suggestions 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 in between Structure Owners and Adjacent Owners, which has been agreed by the appointed 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.
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