In this weeks’ property surveying blog post topic, we are going to be taking a look at party wall surveying, and in particular, party wall damage.
Party wall damage can be a concerning time for both the building owner and adjoining owner. Through this informative blog post, we will be looking at the type of issues that can arise in the event of damage, and the onward procedures that should follow when damage is noted.
The first key thing to note from this blog post is that it assumes that the party wall procedures have been followed.
This would include the service of a Party Wall Notice, the appointment of a party wall surveyor or surveyors, the undertaking of a Schedule of Condition report pre-works, and the agreement of a Party Wall Award.
Providing all of these steps have been undertaken and the outcome is that the damage occurred is a result of the party wall works. At that stage it would be for the party wall surveyor or surveyors to determine that damage and ultimately ensure it is made good.
There are a number of different ways for party wall damage to be dealt with. However, ultimately it will be dictated and decided by the adjoining owner. The premise behind this is that it is, after all, the adjoining owner’s property and therefore, they have every right to decide on how it will be repaired and made good.
The options that are open to an adjoining owner are as follows:
Allowing the building owner’s contractor to make good
If an adjoining owner is agreeable to allow the building owner’s contractor to make good the damage, effectively the contractor would visit, make good to the satisfaction of the party wall surveyor or the satisfaction of the party wall surveyors.
Upon completion of this, it would effectively sign off the matter and resolve the dispute.
Requesting a payment in lieu
The adjoining owner also has the legal right to request a payment in lieu. This effectively means they would ask the party wall surveyor or party wall surveyors to determine the total cost of making good, with that total cost then being awarded to the adjoining owner so they can undertake the necessary repairs in making good in their own time.
This also gives the adjoining owner the opportunity to source a contractor of their choosing, rather than having to rely on the building owner’s contractor.
The key thing to note with damage is that it can be far and wide, from minor to major. This post is looking at this from a very simplistic perspective, however where the damage is substantial, of a structural nature or severe in nature, then there could also be other costs included.
These other costs could include:
- The input of an advising engineer
- The input of a quantity surveyor to determine the cost of works and ultimately advise the party wall surveyors
- The undertaking of a BCIS Building Cost Information Services valuation of the damage
- Potentially the agreement of a Party Wall Award regulating the matter and setting out both the damage and making good that has been agreed.
All of these costs will result in additional professional input, and ultimately additional time which in almost all reasonable circumstances would be determined as a reasonable expense for the building owner to undertake and pay for.
Party wall damage can be a worrying time. However, the key thing to note is that it is not uncommon and it is actually a relatively normal outcome.
In many cases, the type of works that the building owner can be undertaking have both an instant and short-long term risk on the adjoining owner’s property and therefore, it is not uncommon for damage to occur as a result of these.
In the unfortunate event that you are unlucky enough to be party to party wall damage, here at Stokemont we would advise seeking the input of a party wall surveyor or party wall surveyors at the first opportunity. Once the party wall surveyors have assessed and advised the damage, and ultimately confirmed that it is a result of the building owner’s works, at that stage it is a relatively straight forward procedure in order for that damage to be quantified and ultimately be resolved in contractor repair or payment to the adjoining owner.
At Stokemont, we have seen damage ranging from hundreds of pounds to tens of thousands of pounds. In all cases, we would advise that a full and measured approach is taken as that will significantly reduce both the stresses that can come with damage, however, also the timings needed to get this towards a prompt resolution.
If you would like to discuss your party wall surveying procedures with our team of qualified and experienced Party Wall Surveyors, give us a call today and we will be more than happy to help.
