In today’s property surveying blogpost topic we are going to be looking at party wall surveying procedures and, in particular, what a Building Owner can do to avoid a party wall dispute with their neighbour, the Adjoining Owner.
Party wall procedures govern various different types of works and cover all types of property in England and Wales.
If the works that are being proposed fall within the realm of the Party Wall etc Act 1996, the Building Owner will have a legal duty to serve a Party Wall Notice upon the Adjoining Owner, a minimum of one-month of commencing those works.
In response to the Party Wall Notice, the Adjoining Owner can dissent which effectively means they want the formalities and procedures of the Party Wall etc Act 1996 administered and implemented.
An Adjoining Owner’s dissent will undoubtedly bring with a slight delay to the construction works and, also, added costs, as the party wall surveyor who comes onboard will need to administer the Act and agree a Party Wall Award.
Not to mention will need to review the proposed works from the perspective the Adjoining Owner’s property.
One of the key considerations building owners will want to ensure, is that they do their very best to avoid this dispute, or dissent, the Party Wall Notice.
In this blogpost, we are going to be discussing some helpful Party Wall Surveyor tips on how they can achieve that.
Pre-Work Discussions
Pre-work discussions from the Building Owner to the Adjoining Owner are one of the best and simplest ways to avoid a Party Wall Notice dissent and dispute.
All this will take is a quick neighbourly ‘heads up’ to the proposed works, so the Adjoining Owner is well versed in what is about to follow and is given the opportunity to have any discussions aired directly with the Building Owner.
Clear Drawings
The Building Owner can also go a long way to ensure a positive Party Wall Notice response and avoid a Party Wall Notice dissent, by providing the Adjoining Owner with a clear and concise set of drawings for the proposed works.
These should include of all the necessary details and information, thereby ensuring the Building Owner has fully informed the Adjoining Owner, ultimately allowing the Adjoining Owner to make a fully informed decision and Party Wall Notice response.
Selecting a Good Party Wall Surveyor
As previously confirmed, the Building Owner will need to serve a Party Wall Notice upon the Adjoining Owner and, therefore, by selecting a qualified and experienced Party Wall Surveyor to serve this Notice, they can go a long way to ensuring a positive Notice response.
It is very likely that, in response to a Party Wall Notice, the Adjoining Owner will have discussions with the Party Wall Surveyor. Ultimately ensuring that the surveyor has the experience and knowhow to reassure and fully inform the Adjoining Owner of their party wall rights, gives a higher likelihood the Adjoining Owner will respond favourably to the Party Wall Notice.
Be Open to Neighbourly Considerations
The final tip is to ensure the Building Owner is open to any discussions the Adjoining Owner puts forward.
This could be something as simple as slightly adjusting the line, or position of the proposed works, the finish of the proposed works, or some other minor point, which in practice, will have very little effect on the overall plans and proposed works.
A Building Owner can go a long way to ensuring a positive response, by listening to the Adjoining Owner’s concerns and, ultimately ensuring these are taken into account.
Party wall procedures are inherently difficult and, in many cases, the simplest of procedures can become protracted, usually by way of Building Owner not being fully prepared for the procedures to come and overlooking the Adjoining Owner’s concerns, or not properly taking these into account.
Here at Stokemont we would fully advise that Adjoining Owners are always carefully considered from the perspective of the proposed works and, ultimately, the Building Owner gives the Adjoining Owner as much preparation and time to respond to the Party Wall Notice as possible.
If you are planning on undertaken party wall works to your property and would like to discuss the party wall procedures with our team of qualified and experienced surveyors, give us a call today.
Equally, if your neighbour is planning on undertaking works to their property and you would like to discuss how Stokemont can be of assistance to you, give us a call today and we will be more than happy to assist and advise you.
Did you know that Stokemont also offers 30-minutes free, no strings, no obligations party wall advice? Give us a call today and our surveyors will be happy to discuss any concerns you have, both work specific, but also generally.
