Party wall surveying is one of the most common surveying services Stokemont offers.
In the current Property Surveying blog post, we’ll examine Party Wall Awards in full.
Party Wall Award versus Party Wall Agreement
A prevalent misconception among the general public is that a Party Wall Award and a Party Wall Agreement are distinct.
In reality, there are merely two separate references to the same paper.
What exactly is the Party Wall Award?
A Party Wall Award is the decisive document or contract that a party wall surveyor will agree upon. Alternately, when two party wall surveyors agree.
The Party Wall Award provides the building owner with the legal authority to proceed with planned construction.
It also provides the neighbouring owner with the all-important legal protection that the Party Wall etc. Act of 1996 permits and affords them.
What Does a Party Wall Award Consist Of?
The ultimate purpose of the Party Wall Award is to regulate the building owner’s construction plans.
Several protection clauses will be included to the Prize in this manner. https://ealing.jason-edworthy.co.uk/
The objective is for the contractor completing the party wall portion of the building work to apply the most risk-averse technique possible.
The concept and reasoning behind this is that the more cautiously the Party Wall etc. Act 1996-governed works are carried out, the less probable it is that damage will be caused to an adjoining owner’s property.
What are the consequences if I disagree with the Party Wall Award?
It is essential to note that the Party Wall Award is a legal document, as this is a pretty prevalent question.
In effect, this implies that the party wall surveyor or surveyors must reach an agreement without participation from the respective owners who appointed them.
In effect, this implies that neither the neighbouring owner nor the building owner will see the Party Wall Award before to its service.
This can ultimately result in situations in which owners disagree with or are dissatisfied with the content of the Party Wall Award.
In fact, the Party Wall etc. Act of 1996 has taken this into account and offers both building owners and adjoining property owners the legal right to appeal Party Wall Awards.
The Party Wall etc. Act 1996, Section 10(17), governs Party Wall Award appeals as follows:
Within fourteen days beginning on the date an award made pursuant to this section is served on him, either party may appeal to the county court against the award, and the county court may— (a) rescind the award or modify it as the court deems appropriate; and (b) make such order as to costs as the court deems appropriate.
Finally, the conclusion of this language establishes a structure by which owners may contest the content of the Party Wall Award.
Returning to the topic of this blog article and the question of who pays for the Party Wall Award.
In most cases, the building owner will be responsible for the costs involved with the formulation, negotiation, and service of the Party Wall Award.
The reasoning for this is that the building owner will ultimately benefit from the ability to finish the planned construction work.
So, it would be unreasonable for a neighbouring owner to cover any expenditures related with the Party Wall etc. Act’s processes and protections.
Nonetheless, it is crucial to remember that the party wall surveyor or party wall surveyors are responsible for establishing and determining who is responsible for party wall surveying fees.
In the end, this provides surveyors the legal ability to allocate costs how they see suitable and through the Party Wall Award itself.
In theory, this means that party wall surveyors might allocate a percentage of costs to a neighbouring property owner using the Party Wall Award service.
Notably, this is extremely uncommon, and in all the years that Party Wall Awards have been decided upon at Stokemont, this has never occurred.
Party wall surveying techniques are a source of concern for both building owners and adjacent property owners.
If you have never dealt with party wall surveying methods before, a significant amount of the formality and procedure will not only feel outdated, but it may also be often bewildering.
Please contact us immediately if you would like to discuss party wall surveying matters with our team of experienced and licenced surveyors at Stokemont.
To all inquirers and visitors, we give 30 minutes of complimentary, no-obligation party wall surveying guidance.
We look forward to hearing from you and aiding you with any party wall surveying concern and questions, if possible.
Thank you for reading this week’s installment of our Property Surveying blog; we hope you found the material to be not only comprehensible but also instructive. If you would like our party wall surveying team to address a particular issue, please submit a request through the Property Surveying blog post area on our website.