Today we are going to be taking a look at Party Wall Notices and the party wall procedures.
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Over the years we have seen party wall surveying questions range from the simple to the complex. Today we are going to be looking at one of the simpler topics, which is at what stage Building Owner should chose to serve a Party Wall Notice upon the Adjoining Owner.
To start with it is worth looking at the context in which this blogpost applies.
The Party Wall etc Act 1996 (‘the Act’) governs three distinct types of construction works that a building owner may embark upon with their property.
We are going to look at these in a little more detail to help you better understand these works.
Constructing wall up to, or astride, boundary lines
If a Building Owner is planning on undertaking the construction of a wall in close proximity, up to, or astride, a boundary line, under the Act they will be legal required to serve a Party Wall Notice upon the Adjoining Owner a minimum of one-month in advance of the proposed works commencing.
These works will commonly form flank walls, which form part of a Building Owner’s proposed extension.
Works direct to a party wall, party structure, or party fence wall
Works direct to a party wall, party structure, or party fence wall are far and wide.
However, it is worth that commonly these types of works tend to form part of loft conversions, internal structural alterations or changes, direct works to floor or ceilings (if in a flat), or conventional straightforward works, such as removal of chimney breasts and the subsequent support with gallows brackets.
Excavations within 3m or 6m
The final types of work which fall within the realm of the Act are excavations. However, specifically these are excavations within 3m or 6m of any neighbouring property or structure.
The definition of property is straightforward, however, a structure effectively means anything that gains the support of a foundation is considered a structure under the Act. This is again all encompassing, however, generally speaking will include garages, walls, outhouses, conservatories, or any other structure that needs to be supported off a foundation.
The Act is specific insofar as if the excavation works are within 3m or 6m of a property or structure and, importantly, at a level that is lower than their foundations, then under the Act the Building Owner is legally obligated to serve a Party Wall Notice upon the adjoining owner.
Once a Party Wall Notice has been served, it is then up to the Adjoining Owner to make an informed response decision in light of all the facts. These response options are as follows:
Consenting to the Party Wall Notice
If an Adjoining Owner consent to the Party Wall Notice, they will effectively be waiving the protections the Act affords them. These protections will include the input of a Party Wall Surveyor and these will be discussed further in the ‘Party Wall Notice dissent options’.
It is important to note that, when an Adjoining Owner does consent, no further formalities of the Act will be administered or adhered to. The Building Owner will effectively be free to commence their works without having to undertake any further procedures.
Dissenting to the Party Wall Notice and appointing your own Party Wall Surveyor
The Adjoining Owner has the legal right to dissent to the Party Wall Notice and appoint their own Party Wall Surveyor to act on their behalf.
Dissenting to a Party Wall Notice does not mean the Adjoining Owner is disagreeing or disputing the works, instead it effectively means they just want the legal protections as set-out in the Act administered and ultimately afforded to them.
The Adjoining Owner’s Party Wall Surveyor will act wholly on behalf of the Adjoining Owner, albeit the appointment is one of impartiality. The Surveyor will also agree a Party Wall Award with the Building Owner’s Surveyor on behalf of the Adjoining Owner.
This option means the Building Owner will also need to appoint a Party Wall Surveyor, ultimately with the two Surveyors working toward an agreement of the Party Wall Award, as aforementioned.
Dissenting to the Party Wall Notice and appointing an Agreed Party Wall Surveyor
The Adjoining Owner also has the legal option to dissent to the Party Wall Notice but to consent to the appointment of an Agreed Party Wall Surveyor. An Agreed Party Wall Surveyor will undertake all normal procedural aspects of administering the Act, however, the Agreed Surveyor will act impartially on behalf of both Building Owner and Adjoining Owner.
It is important to note that a Party Wall Surveyor’s appointment is one of impartiality, the best way we can describe looking at this is that, as party wall surveyors, we look at the properties and the works, as opposed to the client and their requests, whatever they may be.
The procedural aspects that come with agreeing a Party Wall Award are as follows:
Party Wall Surveyor Review
The surveyor will review the works from the perspective of the Adjoining Owner’s property, ensuring the risks associated with those are as low as they can be.
A Schedule of Condition Report
A schedule of condition report will be undertaken in advance of the Building Owner’s construction works commencing.
The schedule of condition will document the condition of the Adjoining Owner’s property pre-works, thereby ensuring that, if there are any issues in that regard, the Adjoining Owner will be well protected by this body of documented proof.
Agreement of a Party Wall Award
The agreement of a Party Wall Award (also commonly referred to as a party wall agreement), will effectively set-out that the Building Owner’s works are governed by the Party Wall Award itself.
Importantly for an Adjoining Owner, the Party Wall Award ensures they are given protection above and beyond common law. This is often one of the key drivers behind an Adjoining Owner wanting to dissent and have a Party Wall Award in place in the first instance.
Party wall procedures can be complicated and on many occasions confusing. Here at Stokemont, we pride ourselves in simplifying the procedures as best we can and ensuring our clients are always fully informed as to the procedural aspects surrounding the Act.
If you would like to discuss your party wall requirements with our team of experienced and qualified surveyors, give us a call today and we will be more than happy to assist you.
