Thank you for clicking on today’s Property Surveying blog post topic. Today we are going to be looking particularly at party wall surveying.
Under the Party Wall etc. Act 1996, the property owner who is undertaking the work is referred to as the building owner. The property owner who borders and adjoins the works is referred to as the adjoining owner.
Assuming the building owner is undertaking construction works to their property which fall within the realm and coverage of the Party Wall etc. Act 1996, they will have a legal duty to serve a Party Wall Notice upon the adjoining owner a minimum of one, or two months in advance of the works commencing on site.
Party Wall Works
Party wall works are far and wide, however generally speaking can be categorised into three distinct groups and types;
Building Walls up to or Astride the Boundary Line
Building a new wall up to or astride the boundary line is works covered by the Party Wall etc. Act 1996.
Commonly, these types of works will be the construction of new flank walls that form part of the building owner’s proposed extension, whether that be front, rear or side.
Works directly to a Party Wall
Works directly to a party wall again fall within the realm of the Party Wall etc. Act 1996.
The Party Wall etc. Act 1996 will require the building owner to serve a Party Wall Notice upon the adjoining owner prior to the works commencing.
The works that fall within the realm of this section tend to be loft conversions, structural changes and alterations directly to a party wall, exposing a party wall, undertaking damp proof works to a party wall.
These works tend to be the conventional type that the majority of landowners will undertake and as a result have to serve Party Wall Notice on the neighbouring owner.
Excavations within 3m or 6m
The final section that falls within the realm of the Party Wall etc. Act 1996 are any excavations within 3m or 6m of the adjoining owner’s property, structure.
Commonly, these works will form the foundations for new structures such as side, rear or front extensions. Equally, they can also form foundations for garden rooms, garden offices or garden gyms.
The Party Wall etc. Act 1996 is in place to ensure that an adjoining owner gains the benefit and legal protection above and beyond common law that the Act affords them.
The procedures that a building owner will need to go through are to ensure that a Party Wall Notice is served a minimum of one month or two months in advance of the proposed works commencing.
In response to the Party Wall Notice, the adjoining owner will have the three Party Wall Notice response options.
Party Wall Notice Response Options
Party Wall Notice Consent
The first response option that an adjoining owner has is to consent to the Party Wall Notice. Consenting to the Party Wall Notice will effectively be the adjoining owners opting to waive and reserve the rights that the Party Wall etc. Act 1996 affords them. This will enable the building owner to progress without any formalities being followed.
Dissenting and Appointing Their Own Party Wall Surveyor
The second Party Wall Notice response option that an adjoining owner has open to them is to dissent to the Party Wall Notice and appoint their own party wall surveyor.
Selecting this option will ensure that party wall surveyor reviews the building owner’s proposals from the perspective of the adjoining owner’s property. The party wall surveyor will also introduce protections, both temporary and long term to ensure that the risks associated with the proposed works are kept to the lowest possible level.
Under the requirements and procedures of the Party Wall etc. Act 1996 the building owner will be responsible for the adjoining owner’s party wall surveyor’s reasonable fee.
Dissenting to the Party Wall Notice and Appointing An Agreed Party Wall Surveyor
The final Party Wall Notice response option that an adjoining owner has open to them is to dissent to the Party Wall Notice and agree in a single party wall surveyor acting on behalf of the building owner and adjoining owner.
The single agreed party wall surveyor will undertake all of the same roles and procedures that the two respective party wall surveyors will, the only difference being that they will administer the Act independently and without counsel or agreement from a neighbouring surveyor.
For a building owner this option will be the most cost and time-effective one available.
Party Wall surveying procedures will include, however are not limited to;
- Service of Party Wall Notice
- Party wall surveyor review of the proposed works
- Schedule of Condition reports of the adjoining owner’s property pre-works
- The agreement of a Party Wall Award
- The agreement of any method statement governing work
- The agreement of any access statements during the course of the works
- Post work Schedule of Condition check off
- Post Schedule of Condition final letters
The procedures themselves are relatively straightforward, however, as with any legal matter there can be a fair few spanners in the works that can cause issue.
Here at Stokemont, our best advice for a building owner or an adjoining owner would be to seek the specialist advice of a party wall surveyor.
This will ensure that you are not only fully abreast of the necessary procedures and temporary risks associated with the works. However, that you are also well informed on the rights and protections that exist.
If you would like to discuss your party wall surveying procedures with our team of qualified and experienced RICS chartered building surveyors, please free to give us a call today and we will be more than happy to assist and advise you.
