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Party Wall (WikiPedia)
How The Party Wall etc.
In simple terms, the Party Wall etc. If the Adjoining Owners are pleased that the Structure Owners’ proposed works will be of no inconvenience or, position no danger of damage to their home, the Adjoining Owners just require to confirm, in writing, 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 picked to disregard the Notice served by the Building Owners.
A conflict would then be deemed to have developed and, the structure provided by the Party Wall etc. At the point of a “conflict” having arisen, both the Building Owners and the Adjacent Owners have to appoint a Party Wall Surveyor to proceed with solving the disagreement.
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 need 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, ensuring they are lawfully valid. As soon as selected, the Surveyors will think about the proposed works and agree a Party Wall Award which would information the building works and how they need to be carried out. The rights granted within the Party Wall Award are subject to the Building Owners making great any damage or, the payment of damages in lieu of making great.
What is a Party Wall Notification?
Building Owners preparing to bring out any of the works defined within the Party Wall and so on. Act 1996 have a legal obligation to serve written Notification on any Adjacent Owner who may be impacted by the Structure Owners proposed works.
The case of Lehmann vs Herman (1993) shows the importance of serving a legitimate 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 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 concerned as Building Owners under the Act, Mrs Herman should likewise be included on the Notification. The dispute ended up in court and the judge agreed with the Lehmanns that the Notification was void.
What is a Party Wall Award?
A Party Wall Award is a legally binding document in between Building Owners and Adjoining Owners, which has actually been concurred by the designated property surveyor( s), authorising the execution of building work in accordance with the Act. A Set up of Condition survey of the Adjoining Owners home, although not a specific requirement of the Party Wall etc. Act 1996, is popular and forms a referral file within the Award.
I Currently Have Preparation Consent And/ Or Structure Control Approval. Do I Still Required To Follow The Party Wall Act?
If your planned 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 approval or approval would get rid of the legal obligation 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 considered to be a wall of solid structure that sits astride a border and not belonging to a building. Therefore, any works to such walls that would be considered 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 boundary or not.
If the Adjacent Owners are satisfied that the Structure Owners’ proposed works will be of no hassle or, position no hazard of damage to their property, the Adjoining Owners only need to validate, in writing, that they consent to the works and the Party Wall etc. At the point of a “disagreement” having developed, both the Structure Owners and the Adjoining Owners have to designate a Party Wall Surveyor to proceed with fixing the disagreement. The Party Wall Company are typically commissioned to offer recommendations on the Act and to serve the appropriate Party Wall Notices, guaranteeing they are lawfully legitimate. A Party Wall Award is a legally binding file between Building Owners and Adjacent Owners, which has been agreed by the designated 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 also use to Party Fence Walls.
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