Thank you, for clicking on today’s property surveying blogpost. Today, we are going to be taking a look at party wall surveying.
In particular, we are going to be looking at party wall surveying procedures, and giving you a guide to what they are, when the apply, and what you need to do if they are indeed applicable to you.
The Party Wall etc Act 1996 governs party wall works and party wall surveying procedures.
In particular, the Act deals with three distinct types of construction works covering all types of properties throughout England and Wales.
New walls
If the construction works include the construction of new walls, up to, or astride the boundary line, under the Party Wall etc Act 1996 the building owner is legally required to serve a Party Wall Notice on the adjoining owner a minimum of one month prior to planned works commencing.
Works directly to a party wall, party structure, or party fence wall
Under the Act, if the construction works include works directly to a party wall, a party structure (floor or ceiling separating flats), or a party fence wall (a shared garden wall), under the Party Wall etc Act 1996 the building owner will need to serve a Party Wall Notice on the adjoining owner a minimum of two months prior to the planned construction works commencing.
Excavations
If the building owner is planning on undertaking any construction works that include excavating within three metres, or six metres, of an adjoining owner’s property, providing that the foundation depths are lower than that of the neighbouring structure, then under the Party Wall etc Act 1996 the building owner will be legally require to serve a Party Wall Notice upon an adjoining owner.
This Party Wall Notice would need to be served a minimum of one month in advance of the planned works commencing.
Party Wall Notice
Under the Party Wall etc Act 1996, and as discussed prior in this blog, the Party Wall Notice procedures will commence with the service of a Party Wall Notice.
The Party Wall Notice itself needs to be served by the building owner upon the adjoining owner. Commonly, building owners will also instruct surveyors, architects, engineers or contractors to serve the Party Wall Notices required.
Anyone can serve the Party Wall Notice. The key part of the service is to ensure that the Notice is legally valid, as after all it is a legal document and commences the party wall surveying procedures.
Party Wall Notice Responses
Under the Party Wall etc Act 1996, upon the receipt of a Party Wall Notice the adjoining owner will have three specific response options.
Consenting to the Party Wall Notice
Consenting to the Party Wall Notice effectively means that the adjoining owner gives the building owner the thumbs-up to progress with their planned works.
By consenting, the adjoining owner will also be enabling the building owner to progress matters without any further formalities being administered or implemented by virtue of the Party Wall etc Act 1996.
Dissenting to the Party Wall Notice, Two Surveyors
The second Party Wall Notice response option that an adjoining owner has open to them is to consent to the Party Wall Notice and appoint a party wall surveyor of their choosing.
The building owner will be responsible for the adjoining owner’s party wall surveyor’s reasonable fee. The building owner will also need to appoint their own party wall surveyor.
The logic being that the adjoining owner should not be left out-of-pocket for works they do not gain the benefit from. Furthermore, the building owner will need a party wall surveyor to administer the Act on their behalf.
Dissenting to the Party Wall Notice, Agreed Surveyor
The final option an adjoining owner has left open to them is to dissent to a Party Wall Notice and to appoint an agreed surveyor.
An agreed surveyor party wall surveyor appointment is much the same as a two-surveyor party wall surveyor appointment, the only difference being that one party wall surveyor acts impartially on behalf of the building owner and adjoining owner to neutrally administer the Party Wall etc Act 1996.
For a building owner, this is the most time-effective and cost-effective process and option.
Ultimately, they will only need to pay the cost of a single party wall surveyor’s fee, as opposed to a two-party wall surveyor appointment whereby they are going to need to bear the cost of both their own party wall surveyor, as well as the adjoining owner’s party wall surveyor.
Once the Party Wall Notice has been responded to by the adjoining owner, at this stage the party wall surveyor can commence the necessary procedures and protocols as set out by the Party Wall etc Act 1996.
We are now going to take a brief look at these in a bit more detail.
Schedule of Condition Reports
The first activity that the party wall surveyor, or party wall surveyors, is going to undertake is to complete a Schedule of Condition Report.
The Schedule of Condition Report will be of the adjoining owner’s property, and will ultimately set out a condition record of that property prior to the building owner’s planned construction works commencing.
The Schedule of Condition Report is in place to ensure that there is a robust and documented record of the property on file.
This acts as an incredible and all-important go-to in the event of any damage allegation, or issue resulting from the planned works.
Schedule of Condition Reports will cover both internal and external parts of the adjoining owner’s property, and are often a combination of both recorded record, written notes and extensive photography.
Party Wall Drawing Review
The party wall surveyor is also going to be carefully reviewing the building owner’s planned works from the perspective of the adjoining owner’s property.
Importantly, the party wall surveyor will want to ensure that the risks and nuisances associated with the works are at their lowest possible level.
This may require additions or variations to the drawings to best achieve that objective.
Party Wall Award, or Party Wall Agreement
The final step that the party wall surveyor is going to undertake is to draft and agree a Party Wall Award.
Party Wall Awards are also commonly referred to as Party Wall Agreements by members of the general public.
We can categorically confirm that they are one and the same.
The Party Wall Award not only legally protects and adjoining owner against damage, importantly it also governs and sets out the party wall surveyor’s expectations for how the building owner’s planned construction works are to commence and progress on site.
The Party Wall Award will also include an all-important provision and clause to govern and deal with property damage in the event that it occurs.
Party Wall Awards are served upon both building owner and adjoining owner alike in advance of the planned works commencing.
Once received, or formally referred to as served, the building owner will be legally permitted to progress the works without any further formalities being required.
Party wall surveying procedures are simple in nature, however, generally speaking as they are a combination of both legal understanding and construction understanding, there are always going to be inherent issues and complications with agreeing a Party Wall Award.
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, or pop us an email, and we will be more than happy to assist and advise you.
