What is a Party Wall Award?
A Party Wall Award is a contract made between at least two neighbouring occupiers prior to the commencement of construction/building work which is to be undertaken to a party limit or structure, or where works are being carried out in close proximity to a party border or structure. There are 3 primary types of work which require a Party Wall Property surveyor to perform a Party Wall Award and these are:
- Line of junction (constructing a brand-new wall on or alongside a border).
- Party Structure Works (works to an existing party wall such as cutting into, rebuilding, thickening and so on).
- Surrounding Excavation (excavations to a lower level within either 3m or 6m of an existing structure).
In London and throughout the UK, our experienced industrial building property surveyors carry out a range of expert surveying services consisting of Party Wall Surveys (Party Wall Awards). At Commercial Building Surveyors we conduct Party Wall Studies by professional and knowledgeable 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 etc.
In simplistic terms, the Party Wall etc. 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 property, the Adjoining Owners just need to validate, in composing, that they consent to the works and the Party Wall and so on. The 2nd stage would just be triggered if the Adjoining Owners had any concerns relating to the Building Owners’ propositions or selected to disregard the Notification served by the Structure Owners.
A dispute would then be deemed to have actually arisen and, the framework supplied by the Party Wall etc. At the point of a “conflict” having developed, both the Building Owners and the Adjoining Owners have to designate a Party Wall Surveyor to continue with solving the disagreement.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, agents of the Court. Prior to any disagreement arising, Building Owners and Adjacent Owners do not always require the services of a Party Wall Property Surveyor. However, The Party Wall Business are frequently commissioned to provide suggestions on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully legitimate. Once appointed, the Surveyors will consider the proposed works and agree a Party Wall Award which would detail the structure works and how they should be undertaken. The rights approved within the Party Wall Award go through the Structure Owners making good any damage or, the payment of damages in lieu of making good.
What is a Party Wall Notification?
Building Owners planning to bring out any of the works specified within the Party Wall and so on. Act 1996 have a legal responsibility to serve written Notice on any Adjacent Owner who may be impacted by the Building Owners proposed works.
The case of Lehmann vs Herman (1993) shows the significance of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent residential or commercial properties. Mr Herman wished to fix the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman only served the Notification in his name, Mr and Mrs Lehmann declined to accept the Notice as being legitimate and argued that as both Mr and Mrs Herman would be regarded as Building Owners under the Act, Mrs Herman ought to likewise be consisted of on the Notice. The disagreement ended up in court and the judge agreed with the Lehmanns that the Notice was invalid.
What is a Party Wall Award?
A Party Wall Award is a lawfully binding file in between Structure Owners and Adjoining Owners, which has been agreed by the designated surveyor( s), authorising the execution of building operate in accordance with the Act. An Award will also mention details of: how the works are to be undertaken; working days and times; steps needed to secure the Adjoining Owners residential or commercial property from damage and unnecessary trouble; and make provisions for making great or the payment of settlement need to harm be caused. A Set up of Condition survey of the Adjoining Owners property, although not a particular requirement of the Party Wall and so on. Act 1996, is popular and forms a recommendation document within the Award. The purpose of a Schedule of Condition study is to provide a composed and photographic record of the condition of the building prior to any works beginning. The schedule is then described needs to any damage come to light during or after completion of the works
I Already Have Planning Permission And/ Or Building Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall etc. Act 1996 is a completely separate piece of statute legislation to the Town and Country Preparation Act 1990 or the Structure Act 1984. Therefore, 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 permission or approval would eliminate the legal responsibility 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 solid structure that sits astride a limit and not becoming part of a building. 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 border or not.
If the Adjoining Owners are pleased that the Building Owners’ proposed works will be of no inconvenience or, pose no hazard of damage to their property, 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 “dispute” having actually arisen, both the Building Owners and the Adjacent Owners have to designate a Party Wall Surveyor to continue with solving the disagreement. The Party Wall Business are typically commissioned to provide recommendations on the Act and to serve the relevant Party Wall Notices, ensuring they are lawfully valid. A Party Wall Award is a legally binding file in between Structure Owners and Adjoining Owners, which has actually been agreed by the selected 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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