What is a Party Wall Award?
The process and requirements of a Party Wall Award are as set out in the Party Wall and so on. Act 1996. A Party Wall Award is an arrangement made between a minimum of 2 neighbouring occupiers prior to the start of construction/building work which is to be carried out to a party limit or structure, or where works are being undertaken in close proximity to a party limit or structure. There are three main types of work which require a Party Wall Property surveyor to conduct a Party Wall Award and these are:
- Line of junction (constructing a brand-new wall on or together with a border).
- Party Structure Functions (works to an existing party wall such as cutting into, reconstructing, thickening etc.).
- Surrounding Excavation (excavations to a lower level within either 3m or 6m of an existing building).
In London and across the UK, our experienced industrial building property surveyors carry out a series of professional surveying services including Party Wall Studies (Party Wall Awards). At Commercial Building Surveyors we conduct Party Wall Studies by expert and skilled 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 and so on.
Act 1996 Functions In simplified terms, the Party Wall and so on. Act 1996 can be split into two phases; firstly the Notifying Stage and secondly, if needed, the Disputed Stage. The first stage is where the Structure Owners have a legal obligation to serve a formal Notification detailing the proposed works upon the Adjacent Owners. If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no trouble or, position no danger of damage to their home, the Adjoining Owners only need to verify, in composing, that they consent to the works and the Party Wall etc. Act 1996 could end there. The 2nd phase would only be activated if the Adjoining Owners had any issues connecting to the Building Owners’ proposals or picked to overlook the Notification served by the Building Owners.
A conflict would then be deemed to have developed and, the structure offered by the Party Wall etc. Act 1996 enables a resolution so that the Structure Owners might undertake works whilst offering defense to both parties. At the point of a “conflict” having occurred, both the Structure Owners and the Adjacent Owners need to select a Party Wall Surveyor to proceed with resolving the dispute. This could be by means of different property surveyor consultations or, by consenting to a single property surveyor, called the Agreed Property surveyor.
Party Wall Surveyors are duty bound to administer the Act impartially as they are, in essence, representatives of the Court. Prior to any conflict developing, Structure Owners and Adjoining Owners do not necessarily require the services of a Party Wall Surveyor. Nevertheless, The Party Wall Company are typically commissioned to offer recommendations on the Act and to serve the appropriate Party Wall Notices, ensuring they are legally valid. As soon as appointed, the Surveyors will consider the proposed works and agree a Party Wall Award which would information the structure works and how they need to be undertaken. The rights given 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?
Building Owners planning to perform any of the works defined within the Party Wall and so on. Act 1996 have a legal commitment to serve written Notification on any Adjacent Owner who may be impacted by the Structure Owners proposed works. There is no main design template for a Notification. Enough detail of the proposed works, legal names of all Owners, and when the proposed works will commence are all critical to make sure the validity of the Notice.
The case of Lehmann vs Herman (1993) reveals the value of serving a valid Notification. Mr and Mrs Lehmann and Mr and Mrs Herman owned adjacent properties. Mr Herman wished to repair the Party Fence Wall that divided the two gardens and served a Notification on Mr and Mrs Lehmann. As Mr Herman just served the Notification 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 should likewise be consisted of on the Notification. The disagreement wound 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 lawfully binding document between Structure Owners and Adjacent Owners, which has actually been agreed by the selected surveyor( s), authorising the execution of building work in accordance with the Act. An Award will also mention information of: how the works are to be undertaken; working days and times; steps needed to protect the Adjoining Owners home from damage and unnecessary trouble; and make provisions for making good or the payment of payment must harm be caused. A Schedule of Condition study of the Adjoining Owners property, although not a particular requirement of the Party Wall etc. Act 1996, is popular and forms a recommendation document within the Award. The function of a Set up of Condition study is to supply a composed and photographic record of the condition of the building prior to any works commencing. The schedule is then referred to should any damage emerged throughout or after conclusion of the works
I Currently Have Planning Authorization And/ Or Building Control Approval. Do I Still Need To Follow The Party Wall Act?
The Party Wall and so on. Act 1996 is a totally separate piece of statute legislation to the Town and Country Planning Act 1990 or the Building Act 1984. If your prepared 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 consent or approval would get rid of the legal responsibility 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 solid structure that sits astride a boundary and not belonging to a building. 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 considered to be a Party Fence Wall, whether astride a limit or not.
If the Adjacent Owners are pleased that the Building Owners’ proposed works will be of no hassle or, pose no hazard 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. At the point of a “dispute” having developed, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Property surveyor to proceed with resolving the dispute. The Party Wall Business are frequently commissioned to provide recommendations on the Act and to serve the relevant Party Wall Notices, guaranteeing they are lawfully legitimate. A Party Wall Award is a lawfully binding document between Structure Owners and Adjoining Owners, which has been agreed by the appointed 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 also use to Party Fence Walls.
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