What is a Party Wall Award?
The procedure 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 agreement 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 border or structure, or where works are being undertaken in close proximity to a party boundary or structure. There are 3 primary types of work which require a Party Wall Property surveyor to conduct a Party Wall Award and these are:
- Line of junction (building a brand-new wall on or together with a limit).
- Party Structure Functions (works to an existing party wall such as cutting into, reconstructing, thickening and so on).
- Nearby Excavation (excavations to a lower level within either 3m or 6m of an existing building).
In London and throughout the UK, our skilled business building property surveyors perform a series of professional surveying services including Party Wall Studies (Party Wall Awards). At Commercial Structure Surveyors we perform Party Wall Studies by skilled and professional 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.
The Party Wall Act 1996
as it effects the garden
At first sight, it is simple to believe that the 1996 Party Wall Act does not affect garden building, nevertheless it does impact the construction of border walls even if not part of buildings and can likewise applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and offers you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on a pertinent structure or if your neighbour is.
The Party Wall Act does not apply to boundary fences.
The Party Wall Act does not impact any requirement for Planning Approval for any work carried out. Having Preparation Authorization does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into result if somebody is preparing to do work on an appropriate structure, for the purposes of the Act ‘party wall’ does not simply imply the wall in between 2 semi-detached residential or commercial properties, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is utilized to separate the residential or commercial properties but is not part of any structure.
- Excavation near to a neighbouring home.
For details of how the Party Wall Act impacts building work in general, take a look at this page.
Just like all work affecting neighbours, it is always better to reach a friendly arrangement rather than turn to any law. Even where the work needs a notification to be served, it is much better to informally go over the desired work, think about the neighbours comments, and modify your strategies (if proper) prior to serving the notification.
What garden work requires a notification and authorization.
The general concept of the Party Wall Act is that all work which might have an effect upon the structural strength or assistance function of the party wall or might cause damage to the neighbouring side of the wall need to be notified. Recommendations needs to be looked for from a regional Structure Control Workplace or expert surveyor/architect if in doubt.
Work in the garden covered by the Party Wall Act include:
- To demolish and/or rebuild/build a party border wall.
- To increase the height or density of a party limit wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go listed below the bottom of the foundations of the neighbouring structure.
- Excavations within 6 metres of a neighbouring structure where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
If the prepared deal with a boundary wall falls under the Party Wall Act, a notification should be provided to all impacted neighbouring celebrations. The notification must include (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the home carrying out the work.
- The address of the property.
- A complete description of the proposed work (this will normally be just a single sentence describing the work).
- The proposed start date for the work.
- A clear statement that the notice is being served under The Party Wall etc Act 1996.
- The date the notice is being served.
- If the work includes excavations, a drawing revealing the depth, position etc
If the planned work is a brand-new limit wall approximately or astride the boundary line the process of serving a notice under the Party Wall Act is as follows:.
- The individual planning to perform the work should serve a written notice a minimum of one months prior to the designated start of the work to every neighbouring party providing information of the work to be carried out.
- Each neighbouring party must respond in writing providing authorization or registering dissent – if a neighbouring party not does anything within 14 days of receiving the notification, the impact is to put the notification into dispute. However no formal contract is required for a wall as much as the boundary line, the neighbour simply needs not to object in writing.
- No work might begin on a wall astride the boundary line up until all neighbouring celebrations have actually concurred in writing to the notification (or a modified notice).
See listed below concerning what takes place in the event of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notification needs to be served a minimum of one month before the planned start day of the work. Neighbouring celebrations should give written arrangement within 14 days or a conflict is considered to have actually happened.
See listed below concerning what takes place in case of a dispute/objection.
If a dispute arises, what happens.
If agreement can not be reached in between neighbouring celebrations, the process is as follows:.
- A Property surveyor or Surveyors is/are designated to determine a unbiased and fair Award, either:.
- A single ‘Agreed Surveyor’ (somebody appropriate to all celebrations).
- Each party designates their own Property surveyor to represent the individual parties.
The person who is performing the work will normally need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Property surveyor needlessly – in the opinion of the Surveyor. It needs to be noted that any Surveyor must act within their statutory responsibilities and propose a fair and impartial Award.
- A single ‘Agreed Surveyor’ (somebody appropriate to all celebrations).
- The Agreed Property surveyor, or the specific Surveyors collectively, will produce an Award which should be fair and objective to all parties.
- Once an Award has been made, all parties have 2 week to interest a County Court versus the Award.
When you have arrangement.
When you have arrangement, all work must comply with the notification. All the arrangements need to be kept to guarantee that a record of the granted permission is kept; a subsequent buyer of the property might wish to establish that the work was carried out in accordance with the Party Wall Act requirements.
Keep in mind:
- We’ve only offered a short summary of the Party Wall Act here as it affects garden work however take a look at the Neighborhoods and Local Government site for a more detailed explanatory booklet including example letters for responses and notifications.
- Talking about designated deal with neighbours is free and can avoid misunderstanding which may occur if a notification shows up unexpectedly.
- Your regional Structure Control Office might have the ability to offer complimentary advice relating to the Party Wall Act and how it applies to specific circumstances.
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