Today, through our Property Surveying blogpost, we are going to be looking at party wall surveying procedures. In particular, we are going to be taking a look at the Party Wall Notice Procedures, and what happens once a Party Wall Notice has been served.
Under the Party Wall etc Act 1996, the building owner, who is the owner undertaking the construction works, is legally required to serve a Party Wall Notice upon the adjoining owner, who is the property owner who borders or adjoins the work.
This legal requirement sets out that the Party Wall Notice has to be served upon them, a minimum of one, or two months (depending on the types of work taking place), in advance of the construction works commencing.
Party wall procedures are in place not only to ensure the Act’s procedures are administered reasonably, fairly and correctly, they are also in place to ensure that the adjoining owner is afforded the necessary protections, that the Party Wall etc Act 1996 considers to be reasonable above and beyond common law.
Once a Party Wall Notice has been served upon the adjoining owner, they are effectively given three response options to that Notice.
We are now going to be taking a look at these Party Wall Notice response options in a little bit more detail, so that you can better understand them.
Consenting to the Party Wall Notice
Consenting to the Party Wall Notice effectively means that the adjoining owner will be waiving, or legally referring, the protections that the Party Wall etc Act 1996 affords them.
In consenting, none of the Act’s formalities will be administered. With the building owner being able to commence the works without any further delay, or cost.
In our experience here at Stokemont, Party Wall Consents are very rear these days, mainly because the procedural aspects as set out by the Party Wall etc Act 1996 have no bearing of cost upon the adjoining owner.
As previously confirmed, the Act also ensures that the adjoining owner is given added protection above and beyond common law, and therefore it tends to be a very normal and conventional response for an adjoining owner to dissent.
Dissenting and Appointing their own Party Wall Surveyor
If the adjoining owner opts to dissent to the Party Wall Notice, and appoint their own party wall surveyor, they will be ensuring that the Party Wall etc Act 1996’s procedures are administered and followed.
It is worth noting that a Party Wall Notice dissent, is not the adjoining owner disputing or dissenting to the idea of the building owner’s construction works, instead they are simply meeting the legal definitions of a dissent as set out by the Party Wall etc Act 1996.
These procedures effectively ensure that there are steps and provisions in place to reduce the nuisance and risk associated with the building owner’s proposed works upon their property.
Dissenting to the Party Wall Notice and Appointing an Agreed Party Wall Surveyor
If the adjoining owner opts to dissent to the Party Wall Notice and appoint an agreed surveyor, they are in essence agreeing to the idea that a single party wall surveyor can act impartially and neutrally on behalf of both the building owner and adjoining owner.
Through the eyes of the Party Wall etc Act 1996, a surveyor undertaking this role can do so impartially and therefore there is not considered to be a conflict of interest with this type of appointment.
This can often be a tough one for owners to get their head around, as after all, party wall procedures are legal procedures, with the majority of other disputes being resolved by solicitors or barristers acting independently on behalf of their respective clients.
Our take on it here at Stokemont, is that unlike a solicitor’s, lawyer’s, or barrister’s appointment, party wall surveyors are tasked to administer the Party Wall etc Act 1996.
This effectively means that they are bound by the wording of the Act, and as such cannot, or at least should not, act in the interest of their appointing owners.
It is also worth noting that unlike a solicitor’s or barrister’s instruction, a party wall surveyor and his or her appointing owner, do not have a client relationship.
The best way that we can describe this, is that a party wall surveyor will act on behalf of the adjoining owner’s property, as opposed to the adjoining owner.
This is slightly odd situation to get your head around, however, the premise being that party wall surveyors act impartially and independent from any pressure or bias from their respective appointing owners.
Once a Party Wall Response has been received, at that stage it is then for the party wall surveyor, or party wall surveyors to administer the Party Wall etc Act 1996 and its various procedures in order to better protect the building owner and adjoining owner.
The party wall surveyor’s task and role will be to agree a Party Wall Award. A Party Wall Award, also commonly referred to as a Party Wall Agreement, being the ultimate conclusion of the Act’s procedures and giving the building owner the legal right to undertake their works without any further delay.
We have written a number of other blogs on the party wall procedures, and we would advise that you take a read of these to better gain understanding in that regard.
If you would like to discuss Party Wall Surveying procedures with our team of party wall surveyors here at Stokemont, give us a call today, and we will be more than happy to assist and advise you.
