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Party Wall (WikiPedia)
How The Party Wall etc.
Act 1996 Works In simplified terms, the Party Wall etc. Act 1996 can be divided into two phases; firstly the Notifying Phase and second of all, if needed, the Disputed Stage. The first stage is where the Building Owners have a legal responsibility to serve an official Notice detailing the proposed works upon the Adjoining Owners. If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, pose no risk of damage to their home, the Adjoining Owners just require to confirm, in composing, that they consent to the works and the Party Wall and so on. Act 1996 could end there. The second stage would only be activated if the Adjacent Owners had any concerns associating with the Building Owners’ propositions or picked to overlook the Notification served by the Structure Owners.
A dispute would then be deemed to have developed and, the structure offered by the Party Wall etc. At the point of a “dispute” having occurred, both the Building Owners and the Adjoining Owners have to designate a Party Wall Surveyor to continue with resolving the dispute.
Party Wall Surveyors are responsibility bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any dispute arising, Building Owners and Adjacent Owners do not necessarily need the services of a Party Wall Surveyor. However, The Party Wall Company are typically commissioned to offer advice on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally legitimate. Once designated, the Surveyors will think about the proposed works and concur a Party Wall Award which would detail the structure works and how they should be carried out. The rights given within the Party Wall Award go through the Building Owners making good any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notification?
Building Owners preparing to carry out any of the works specified within the Party Wall etc. Act 1996 have a legal responsibility to serve written Notification on any Adjacent Owner who may be affected by the Building Owners proposed works.
The case of Lehmann vs Herman (1993) reveals the importance of serving a legitimate Notice. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjoining homes. Mr Herman wanted to repair the Party Fence Wall that divided the two gardens and served a Notice 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 regarded as Building Owners under the Act, Mrs Herman ought to also be consisted of on the Notification. The dispute ended up in court and the judge agreed with the Lehmanns that the Notice was void.
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 appointed property surveyor( s), authorising the execution of structure work in accordance with the Act. A Set up of Condition study of the Adjoining Owners property, although not a specific requirement of the Party Wall etc. Act 1996, is traditional and forms a recommendation document within the Award.
I Currently Have Preparation Authorization And/ Or Structure Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a totally different piece of statute legislation to the Town and Country Preparation Act 1990 or the Structure Act 1984. For that reason, if your planned works would be deemed notifiable under the Party Wall Act then yes, you would need to follow the procedures set out within the Act. No Local Authority consent or approval would eliminate the legal commitment 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 solid structure that sits astride a boundary and not belonging to a structure. 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 deemed to be a Party Fence Wall, whether astride a boundary or not.
If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no inconvenience or, position no hazard of damage to their home, the Adjoining Owners only need to confirm, in writing, that they consent to the works and the Party Wall and so on. At the point of a “dispute” having actually emerged, both the Building Owners and the Adjacent Owners have to designate a Party Wall Surveyor to proceed with solving the conflict. The Party Wall Company 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 legally binding file in 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 apply to Party Fence Walls.
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