Thank you, for clicking on today’s Property Surveying blogpost, we are going to be discussing party wall surveying procedures, and in particular if an adjoining owner should consider the appointment of a party wall surveyor.
In order for this scenario to apply, an adjoining owner, whom is the legal owner adjoining or neighbouring proposed construction works, will need to have been served with a Party Wall Notice.
This Party Wall Notice would have been served upon them by the building owner, who is the legal owner undertaking the construction work to their property.
Party Wall Notices are served when the proposed construction works are covered by the Party Wall etc Act 1996.
The Party Wall etc Act 1996 requires the building owner to legally serve a Party Wall Notice upon their adjoining owner a minimum of one month, or two months prior to their proposed construction works commencing.
Party wall works are far and wide, however, broadly speaking include the following:
- The construction of new walls up to, or astride (built upon the) boundary line.
The construction of new walls built either up to or astride the boundary line is covered by the Party Wall etc Act 1996.
If the proposed works include these types of construction, then the building owner will have a legal obligation to serve the Party Wall Notice upon the adjoining owner one month prior to the proposed works commencing.
This one-month Notice period is a statutory Notice period, and can only be shortened upon the adjoining owner’s agreement.
Commonly, these types of works will be covered by the construction of flank walls, usually forming side, rear or front extensions.
- Works Directly to the Party Wall or Party Structure
Works directly to a party wall or party structure are obviously quite broad, however, generally speaking it is going to be any form of cutting into, away from, fixing to, exposing, damp-proof works, underpinning or any other form of works directly to a party wall.
It is worth noting that the Party Wall etc Act 1996 also specifically refers to a party structure.
A party structure is only applicable in scenarios of flats, and effectively covers and defines, both floors and ceilings, as these horizontally separate flats in different ownerships.
Works to a party wall or party structure carry with them a two-month statutory Notice period.
This effectively means that the building owner has a legal obligation and duty to serve the Party Wall Notice upon their neighbouring adjoining owner a minimum of two months before they actually intend to commence them.
Commonly, these works are covered in the form of loft conversions, removals of chimney breasts, underpinning the party wall, exposing the party wall, insertions of beams, lead flashings or any other form of fixing into the party wall.
With floors and ceilings, it could be as simple as changing floor coverings, adjusting ceilings, potentially cutting into or away from floor joists or any other works in that regard.
- Adjacent Excavation
Adjacent excavation covers any form of excavation that is not only within 6m of an adjoining owner’s property, however, is also deeper than their foundations.
The Party Wall etc Act 1996 requires the building owner to serve a Party Wall Notice upon the adjoining owner a minimum of one month prior to the works commencing.
Commonly, excavations are dealt with in the form of foundations for new walls, whether these are mass concrete or piled type.
Party Wall Notices will invoke the Party Wall Act upon an adjoining owner, importantly giving them the legal right to dissent to the Notice and appoint a party wall surveyor to act on their behalf.
This begs the question, should an adjoining owner appoint a party wall surveyor?
Party wall surveying procedures are in place to ensure that the adjoining owner’s concerns, and importantly the property, is considered prior to the building owner’s works commencing.
This is done through the input of various protective provisions, thereby reducing the overall risk upon the property itself.
These provisions can include, however are not limited to:
Party Wall Surveyor Input
A party wall surveyor will review the works from the perspective of the adjoining owner’s property, ensuring that the short-term risk and nuisance is as low as it can be.
If necessary, they will require specific construction details by way of drawings, or method statement, thereby ensuring that the manner in which the works are undertaken are carefully considered.
Schedule of Condition Reports
A Schedule of Condition Report will be undertaken prior to the building owner’s construction works commencing.
The Schedule of Condition Report itself will ensure that a robust and comprehensive record of the adjoining owner’s property is in place, thereby ensuring there is a safeguard should there be any claim of damage.
Schedule of Condition Reports are a key part of the party wall process, and not only give the party wall surveyors the all-important opportunity to attend the site, they also ensure that there is a legal record documented and held on file.
Agreement of a Party Wall Award
The Agreement of a Party Wall Award is the ultimate conclusion of the party wall surveying procedures.
The Award itself is akin to a legal contract, and will not only safeguard the adjoining owner above and beyond common law in the event of issue.
Importantly, it will also govern the works that are taking place.
This is the go-to document in the event of issue, and ensures that the adjoining owner is not in a position whereby they are going to have to fork out costs to have further party wall surveyor input, or in the unfortunate event of damage have to cover the investigation fees in that regard.
Party wall surveying procedures are often complicated and complex, however, a good party wall surveyor should be able to not only simplify the process, however, importantly ensure that the overall risks are as low as they can be.
Coming back to the original title of this blogpost, as an adjoining owner, if you are particularly concerned about your neighbour’s (the building owner’s) construction works, we would advise that party wall dissent is lodged.
This will not only ensure that you get the added input of a party wall surveyor, however, will ultimately also ensure that there is robust and sufficient legal protection in the event of any issue, whether that be minor or major.
Here at Stokemont, we undertake thousands of party wall surveying jobs each and every year, we are very proud to have built up a very good track record reflective in our customer reviews and feedback.
If you would like to discuss how our team of experienced and qualified RICS building surveyors can be of assistance to you, please feel free to give us a call today and we will be more than happy to assist and advise you.
