Thank you, for clicking on today’s Property Surveying blogpost. Through this weekly blogpost we are aiming to touch on some of the more complicated and confusing parts of the surveying work that we undertake on a daily basis.
Here at Stokemont, we are a Building Surveying surveying firm. However, we do like to think that we are specialist in party wall surveying.
Party wall surveying is an inherently complex part of the surveying profession, with multiple different opinions on a multitude of different matters. It is also worth noting that under the Party Wall etc Act 1996, and in particular Section 20, a party wall surveyor is defined as:
Party Wall Surveyor
“surveyor” means any person not being a party to the matter appointed or selected under section 10 to determine disputes in accordance with the procedures set out in this Act.
In layman’s terms, this effectively means that anyone can act as a party wall surveyor. This furthers the point we make above about the multitude of different opinions, especially even wider considering that there are a significant number of party wall surveyors out there operating who do not have a great deal of experience or qualification.
This can lead to some quite wacky positions and points of view, however, over the day-to-day it all tends to get ironed out through referring back to the Act itself, and the many guidance notes that are out there.
One of the most typical questions that we find ourselves asked here at Stokemont on a daily basis, whether it is by existing clients, adjoining owners, or through our free advice line, is whether a Party Wall Agreement or Party Wall Notice Response can be verbal.
This is to say that the adjoining owner could verbally agree to a Party Wall Notice, or even further than that, verbally agreeing to a Party Wall Award.
You would be surprised at how often we get asked this question, and in many cases it stems from party wall surveyors suggesting to a building owner that so long as they get their adjoining owner’s verbal sign-off, then that is sufficient to meet the requirements of the Act.
We can definitively confirm that it is not the case, a Party Wall Notice Response has to be formal and in writing. Furthermore, in order to have a Party Wall Award (also commonly referred to as a Party Wall Agreement) in place, this has to be agreed by party wall surveyors.
In effect, a party wall surveyor is the only person that is able to agree a Party Wall Award on behalf of their respective adjoining owners.
This again jumps back to the definition of what a party wall surveyor is. Party Wall Surveyors will undertake a multitude of different tasks from:
Party Wall Surveyor Roles
- Reviewing project drawings.
- Advising adjoining owners.
- Serving Party Wall Notices.
- Responding to Party Wall Notices.
- Undertaking Pre-works Schedule of Condition Reports.
- Undertaking Post-works Schedule of Condition Reports.
- Undertaking interim inspections during the course of the works.
- Agreeing a Party Wall Award.
- Liaising with the building owner’s engineer.
- Liaising with an advising engineer.
These are just some of the roles that a party wall surveyor will undertake through their duties, and the administration of the Party Wall etc Act 1996.
You can obviously see how difficult it would be to verbally agree the level of information briefly touched on there. For that reason, Party Wall Awards, also commonly referred to as Party Wall Agreements, need to be carefully considered, robust in nature and importantly neutrally worded for both the building owner and adjoining owner respectively.
The beauty of a Party Wall Award is that it also gives both prospective owners (the building owner and the adjoining owner) the legal right to appeal a Party Wall Award within 14 days of being served with it.
This legal right of appeal is set out by Section 10(17) of the Party Wall etc Act 1996 as follows:
Either of the parties to the dispute may, within the period of fourteen days beginning with the day on which an award made under this section is served on him, appeal to the county court against the award and the county court may—
(a) rescind the award or modify it in such manner as the court thinks fit; and
(b) make such order as to costs as the court thinks fit.
In enabling an owner to appeal a Party Wall Award, the party wall surveyors are effectively giving owners the opportunity to sound or voice their concerns, or alternatively put forward any invalidity in the makeup and fabric of the document forward to the Courts, so that the matter can be looked at, rectified and resolved.
Let us now briefly touch on Party Wall Notices. Party Wall Notices are there to notify adjoining owners, however also to importantly give them the right to fully consider and understand how the building owner’s work would affect them.
Generally speaking, the majority of adjoining owners will need to have physical documents in order to fully consider the information, and importantly make an informed decision.
Therefore, it would be near impossible for a building owner to satisfy these requirements through simply verbally setting out what they plan to do, along with timings, or any other necessary legal procedure.
If anything, it is likely that a building owner attempting to give an adjoining owner verbal assurance, could lead to confusion, misunderstanding and potentially a scenario where an adjoining owner felt as if they were not able to fully understand the works that are taking place.
This is totally contrary to the very spirit and purpose of the Party Wall etc Act 1996. Party Wall Notices are in place to notify and inform adjoining owners. Therefore, giving the adjoining owner the opportunity to make a fully-informed decision based off the drawings, works, and ultimately their understanding of the risks and procedures as set out through the Party Wall etc Act 1996 itself.
Party wall surveying procedures are inherently complicated, and in many cases a Party Wall Notice can go a significant way to reduce concern that the adjoining owner may have.
Here at Stokemont, we would advise that Party Wall Notices are served by party wall surveyors. However, we would jump a touch further than that, and suggest that they are actually served by Royal Institute of Chartered Surveyors (RICS) surveyors, as ultimately the RICS as a governing body within the property profession is the most highly-respected.
There are other governing bodies out there, who are equally respected, their members are capable and able of administering party wall procedures.
If you would like to discuss party wall surveying procedures with us, we would advise giving us a shout via our contact form. You can also give us a call via our three different offices, and arrange to have a face-to-face meeting in one of those, or alternatively a simple telephone call will suffice.
We can best advise on party wall matters, having sight of Party Wall Notices that have been served upon you, project drawings that you are planning on undertaking, or just a bit of information in respect of the overall discussions, background and situation that has arisen at your property.
The advice is free, importantly it is also neutral and based on years of experience and qualifications.
If you would like to take us up on this offer and discuss any complicated, or simple party wall matters, give us a call today and we will be more than happy to assist and advise you.
