Thank you for clicking on today’s property surveying blogpost topic. Through our weekly blogpost, we aim to combat and discuss some of the more complicated and complex areas of property in an informal and light-hearted manner.
Here at Stokemont we recognise there is a significant amount of content ‘out there’ and, through our blogs, we aim to be informative and to the point.
Today, we are going to be looking at party wall surveying procedures, as set-out in the Party Wall etc Act 1996.
In particular, we are going to be looking at the scenarios that are open to an Adjoining Owner, if their neighbour – the Building Owner – overlooks the party wall procedures.
Believe it or not, this is actually a very common scenario for an Adjoining Owner to find themselves in.
Whether it is convenient, contrived, considered, or strategic, Building Owners do and always will overlook the procedures as set-out by the Party Wall etc Act 1996.
With this in mind, there are a number of different options open to an Adjoining Owner, which can ensure they are given the full protections that the Act affords them, ultimately giving them the safeguards that the Act has designed.
Party Wall Injunction
First, the most severe procedure would be for the Adjoining Owner to proceed to the Court and apply for a Party Wall Injunction.
A Party Wall Injunction will effectively stop, or cease, the Building Owner from undertaking any further works on-site, until the party wall procedures have been followed.
It is worth noting that the Court Order to unlikely to be specific to just party wall works and, instead, is likely to be site-wide.
This could result in significant cost to the Building Owner, as they will effectively have to down tools on-site and then delay the construction works until the party wall surveying procedures, as set-out in the Party Wall etc Act 1996, are administered.
Appointing a Party Wall Surveyor on the Building Owner’s behalf
The second option open to an Adjoining Owner, is for the Adjoining Owner to take it into their own hands and effectively appoint a surveyor on behalf of the Building Owner.
They would do this through serving a Party Wall Notice on the Building Owner and requesting that they engage in the procedures as set-out by the Party Wall etc Act 1996, ultimately ensuring full protections that the Act affords an Adjoining Owner are administered as set-out.
This is a relatively straightforward procedure, however, it is worth bearing in mind that the Adjoining Owner will bear the burden of the majority of the costs, but will be able to recover these once a Party Wall Award has been agreed.
Protective Measures
The third option an Adjoining Owner can take is to look at protective measures and the private instruction of their own surveyor to review the works from the perspective of the Adjoining Owner’s property.
Commonly, this is going to be in the form of a surveyor undertaking a prompt and robust schedule of condition of the Adjoining Owner’s property. This schedule of condition report will document and set-out the condition the Adjoining Owner’s Property at the time the Party Wall Surveyor was able to visit.
The aim and purpose of this is to ensure that, if the Building Owner’s works do cause any damage to the Adjoining Owner’s property, the Adjoining Owner will have the legal benchmark and record to not only prove this damage is new but, ultimately, then go on to prove it was as a result of the party wall works.
If you are unlikely enough to find yourself in a position where your neighbour has ignored the party wall procedures, will not engage – thereby leaving you in this unfortunate position, do not panic, do bear in mind you are still fully protected under common and civil law.
However, unlike the Party Wall etc Act 1996 procedures, you are going to need to bear the burden of holding your neighbour accountable should any damage be noted or results from these works.
Party wall procedures can often become complicated and complex, especially in a scenario whereby the Building Owner has taken the stance of not administering the necessary legal requirements.
Here at Stokemont we would advise you speak to a Party Wall Surveyor as soon as possible, as they will be able to fully advise and assist as to your best options, thereby ensuring your legal protections are in place.
If you like to discuss this blogpost in further detail with one of our experienced and qualified Party Wall Surveyors, give us a call today and we will be more than happy to assist and advise you.
