Hello and welcome to today’s Property surveying blog post where we are going to be discussing what are the benefits of having a Party Wall Surveyor when you are attempting to undertake planned works that fall under The Party Wall etc Act 1996.
The primary benefit of having a Party Wall Surveyor as a building owner (The one who is undertaking the planned works) is that there will be someone who would be capable of advising you through the entire Party Wall process as it can be complex with it involving a mix between legal understanding and practical building knowledge.
By ensuring that you have a Party Wall Surveyor from the very beginning you will not circum to many of the pitfalls that we have seen building owners fall in too over the years.
As the Party Wall Process does come under a legal framework this then means that the procedures that make up the act have to be followed and carried out in specific ways, such as the serving of a Party Wall Notice on to your neighbors (the adjoining owners).
The Party Wall Notice in order for it to be considered valid must contain the following:
- Name and address of the building owner. In cases of multiple owners, both must be named.
- Be signed, either by the building owners or their authorised representative.(There Party Wall Surveyor)
- Be dated. The date should be the delivery date if done in person, or the date of posting if being sent in the mail.
- Be served on all adjoining owners. This can include both freehold and leasehold owners.
- Give sufficient detail and description of the intended work and the date on which you want to start.
If a notice is served under Section 6 for adjacent excavation, then it must be accompanied by plans and sections showing the site and depth of any excavation. These drawings are mandatory for Section 6 notices, but most surveyors consider it good practice to include drawings accompanying the notice no matter what section they may fall under.
There are time restrictions for when the notice must be served depending on the types of works that are being carried out which may require either a 1-month or a 2-month notice to be served.
So a Party Wall Surveyor will be able to advise you on the best time to serve a Party Wall Notice, as they are only valid for a year can it is crucial to not sever them preemptively, especially in cases where planning permission may be needed for the planned works
One of the things that we at Stokemont do that we feel is a crucial part of the Party Wall procedure is to undertake a Schedule of condition survey.
This is in essence where we will undertake an inspection of the adjoining owner’s property to get a snapshot of it pre and post-works, where there will be a detailed report that will be written up accompanied by hundreds if not thousands of photographs.
The reason this is done, despite not being a requirement of The Party Wall etc Act 1996 is to afford a certain level of protection for the building owner and adjoining owner alike.
As in cases where damage has occurred as a result of the planned works then there will be a clear record in place to demonstrate it so it can be rectified, likewise in cases where the adjoining owner is claiming that damage has accord when it is in fact has not we would be able to prove this by way of the schedule of condition.
The benefits of a Party Wall Surveyor can also be further seen when it comes to the creation of a Party Wall Award. This is one of the final aspects of the Party Wall procedure and can be one of the most complex, as a Party Wall Award is considered a legal document and so one does need to take great care when it comes to the drafting and serving of the Party Wall Award.
Generally, within the award, it will outline what works are going to be carried out and when the way that those works are going to be carried out and any protections that may be necessary to protect the adjoining owner’s property and the cost for different aspects involved, and who will pay for them.
This concludes today’s property surveying blog post, I hope this brought you further insight into the Party Wall matters and give you a better understanding of the benefits that a Party Wall Surveyor brings.If you have any further questions or quires in relation to Party Wall Surveying matters or any of the other services that we offer here at Stokemont then please feel free to give us a call today or alternatively pop us over an email and we would be more then happy to assist and advise you.
