Thank you for clicking on today’s Property Surveying blog post. In our weekly blog posts, here at Stokemont, we aim to discuss some of the more complicated and tricky parts of the surveying work that we undertake on a daily basis.
We recognise that there are aspects of the surveying that we undertake that are shrouded in complication and often confusion.
Our weekly blog post aims to tackle some of these topics and aim to clarify and resolve common misconceptions and misunderstandings surrounding the specialist work that we undertake.
One of the most common types of work that we undertake here at Stokemont is party wall surveying work.
Party wall surveying work will be required for a variety of different types of works that are undertaken to both commercial and residential properties throughout England and Wales.
Commonly these types of works can include, however are not limited to:
- Party wall works.
- The construction of new walls up to boundary line.
- Construction of new walls astride boundary line.
- Works directly to a party wall.
- Works directly to a party structure.
- Party structure side (ceiling or floor).
- Works directly to a party fence wall (garden wall).
- Excavations within 3m.
- Excavations within 6m.
All of these works will fall within the realm of the Party Wall etc. Act 1996.
If indeed works are planned that meet these definitions, under the statute and law, the building owner, who is the owner planning on undertaking construction works, will have a legal obligation and duty to serve a Party Wall Notice upon the adjoining owner. The adjoining owner is the neighbouring owner who orders the works.
Party Wall Notices have a legal obligation to be served a minimum of 1, or 2 months in advance of the proposed construction works commencing.
The timings that are required are very much applicable on the type of works that are taking place, each point above setting out different stipulations in respect of the terms of Party Wall Notices.
Once a Party Wall Notice has been served, a building owner would have started the statutory procedures and effectively invoked the Party Wall Act upon the adjoining owner.
The Act is in place to ensure that the adjoining owner is given sufficient consideration and protection above and beyond common law.
In response to a Party Wall Notice an adjoining owner’s options are as follows:
Party Wall Notice Responses
Option 1, consenting to the Party Wall Notice.
Consenting to the Party Wall Notice effectively means that the adjoining owner gives the thumbs up to the proposed works.
From a legal perspective, the building owner will no longer need to administer or go through any of the party wall procedures as set out by the Party Wall etc. Act 1996.
This is very much the most favourable outcome for a building owner, meaning that they can progress their proposed construction works without any legal or professional formality, nor without the cost or time associated delays that come with the administration of the Party Wall etc. Act 1996.
Party Wall Notice Option 2, dissenting and appointing their own party wall surveyor.
The second option that an adjoining owner has at their disposal in response to a Party Wall Notice is to dissent, and appoint their own party wall surveyor.
Dissenting from the Party Wall Notice will mean that the adjoining owners want the formalities of the Party Wall etc. Act 1996 to be administered.
One of these formalities will include the professional input of a party wall surveyor. The party wall surveyor’s role being to ensure that the risks associated with the works are at the lowest possible point that they can be.
This risk reduction procedure will take place through surveyor review, a pre-works Schedule of Condition report, agreement of method statements governing the proposed works, and ultimately the agreement of a Party Wall Award that will not only govern the overall works taking place, it will also offer legal protection to the adjoining owner in the event of any issue or damage.
Commonly, a post work Schedule of Condition/inspection will also be included as part of the party wall surveyor’s duty.
If the adjoining owner selects this option, they are going to be relying on the input of their party wall surveyor in an effort to ensure that the outcome is favourable and ultimately ensuring that the Party Wall Award is reflective of both the works taking place and also the properties if they are taking place too.
This option, will mean that a building owner also needs to appoint their own party wall surveyor. Of those two respective party wall surveyors (the building owner’s party wall surveyor and the adjoining owner’s party wall surveyor) agreeing a Party Wall Award as confirmed above.
The key point with a two party wall surveyor appointment is that a third surveyor will be selected at the very start of the process.
The third surveyor will be selected by both respective party wall surveyors, with the ultimate role and aim being to resolve any dispute should it arise between the two respective parties.
The way to look at this is the third surveyor acts as a tribunal process in the event of any issue.
Party Wall Notice, Option 3, dissenting and appointing an agreed surveyor.
This option is very much aligned with response option 2, however the only difference being that one surveyor acts impartially for both prospective owners (the building owner and the adjoining owner) as opposed to the respective owner having their own party wall surveyor on board.
The other clear and obvious distinction is that the agreed surveyor appointment will not have the selection of a third surveyor incorporated.
An agreed surveyor appointment is not only cost and time effective for a building owner, it also has the benefit for an adjoining owner of issues such as damage being dealt with in a much more time effective manner should they arise.
The main reason behind this is that the damage will be dealt through one surveyor’s timings as opposed to having to go through two different surveyor’s workloads.
Party Wall Notices are an incredibly common service that we provide here on a daily basis, often serving handfuls a day.
If you would like to discuss party wall surveying procedures with our team of experienced and qualified party wall surveyors, please feel free to give us a call today.
We are also very proud to offer 30 minutes free, no strings advice to all new callers and enquirers.
All you need to do to take us up on this offer is get in touch with us via our contact form on our website. Here you can not only send us the Party Wall Notice to review, you can also send drawings, photographs or just have a chat with one of our party wall surveyors to best assist.
