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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 simple terms, the Party Wall etc. Act 1996 can be divided into two phases; firstly the Notifying Phase and secondly, 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 Adjacent Owners. If the Adjoining Owners are satisfied that the Building Owners’ proposed works will be of no trouble or, present no danger of damage to their residential or commercial property, the Adjoining Owners only need to confirm, in composing, that they consent to the works and the Party Wall and so on. Act 1996 might end there. The second phase would just be set off if the Adjoining Owners had any concerns connecting to the Building Owners’ proposals or picked to disregard the Notification served by the Building Owners.
A dispute would then be deemed to have actually emerged and, the structure provided by the Party Wall etc. Act 1996 makes it possible for a resolution so that the Structure Owners might carry out works whilst offering defense to both parties. At the point of a “disagreement” having arisen, both the Building Owners and the Adjoining Owners need to appoint a Party Wall Surveyor to proceed with dealing with the conflict. This could be by means of different property surveyor appointments or, by consenting to a single surveyor, called the Agreed Property surveyor.
Party Wall Surveyors are task bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any dispute emerging, Structure Owners and Adjoining Owners do not always require the services of a Party Wall Surveyor. Nevertheless, The Party Wall Company are often commissioned to supply recommendations on the Act and to serve the pertinent Party Wall Notices, guaranteeing they are lawfully legitimate. Once appointed, the Surveyors will think about the proposed works and concur a Party Wall Award which would information the building works and how they ought to be undertaken. The rights granted within the Party Wall Award undergo the Structure Owners making great any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notice?
Structure Owners planning to carry out any of the works specified within the Party Wall etc. Act 1996 have a legal obligation to serve written Notification on any Adjacent Owner who might be impacted by the Structure Owners proposed works.
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 declined to accept the Notification as being legitimate and argued that as both Mr and Mrs Herman would be related to as Structure Owners under the Act, Mrs Herman should also be included on the Notice.
What is a Party Wall Award?
A Party Wall Award is a legally binding document between Structure Owners and Adjacent Owners, which has actually been concurred by the appointed surveyor( s), authorising the execution of building work in accordance with the Act. A Set up of Condition study of the Adjoining Owners residential or commercial property, although not a particular requirement of the Party Wall and so on. Act 1996, is traditional and forms a recommendation file within the Award.
I Already Have Preparation Permission And/ Or Building 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 procedures set out within the Act. No Regional Authority approval 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 strong structure that sits astride a border and not being part of a building. Therefore, any works to such walls that would be considered notifiable under the Party Wall Act would likewise apply to Party Fence Walls. Wood fencing, precast concrete posts with infill panel fencing, etc would not be considered to be a Party Fence Wall, whether astride a border or not.
If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no trouble or, position no threat of damage to their home, the Adjoining Owners just need to verify, in writing, that they consent to the works and the Party Wall etc. At the point of a “dispute” having developed, both the Structure Owners and the Adjacent Owners have to appoint a Party Wall Property surveyor to continue with dealing with the disagreement. The Party Wall Company are often commissioned to offer suggestions on the Act and to serve the relevant Party Wall Notices, ensuring they are legally legitimate. A Party Wall Award is a lawfully binding document in between Structure Owners and Adjacent Owners, which has actually been concurred by the selected property surveyor( s), authorising the execution of building work in accordance with the Act. Any works to such walls that would be deemed notifiable under the Party Wall Act would likewise apply to Party Fence Walls.
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