Thank you for clicking on today’s Property Surveying blog post. In our weekly blogs, we aim to look at some of the more complicated and complex parts of the professional surveying work that we undertake here at Stokemont.
One of the most complex types of services that we offer is party wall surveying.
Party wall surveying will require the specialist input of a party wall surveyor.
This specialist input being a unique combination of building surveying core knowledge, along with intricate legal understanding of the Party Wall etc. Act 1996.
Party wall works will apply when a building owner is undertaking construction works to their property. Those construction works will fall within the realm of the Party Wall etc. Act 1996.
The legal requirements set upon a building owner if their construction works fall within the real of the Party Wall etc. Act 1996 is Party Wall Notice service.
Party Wall Notice Service
A Party Wall Notice has a legal requirement of service upon an adjoining owner a minimum of one month, or two months, prior to the planned works commencing.
In response to the Party Wall Notice the adjoining owner will have the following options.
Party Wall Notice Response Options
Party Wall Notice Consent
Consenting to the Party Wall Notice means that the adjoining owner is electing to reserve, or waive, the legal protections that the Party Wall etc. Act 1996 affords them.
Conventionally, these legal protections will come by way of a party wall surveyor’s input and advice.
Consenting to a Party Wall Notice will mean that the building owner is given the legal right as set out by the Act, to progress the planned construction work without further delay or legal procedural requirement.
If you were to liken this to a traffic light this is the most favourable outcome and would ultimately be a green light.
Dissenting to the Party Wall Notice and Appointing an Agreed Party Wall Surveyor
Dissenting to the Party Wall Notice effectively means that the building owner and adjoining owner have entered into a formal dispute.
The resolution of this dispute will come by way of surveyor input and advice.
When an agreed surveyor is selected, the agreed surveyor’s role will be to act impartially on behalf of both the building owner and adjoining owner alike.
In practical terms a typical query that we find ourselves asked as party wall surveyors on a daily basis, is whether a party wall surveyor in an agreed surveyor capacity, can undertake such a combined appointment in an impartial manner.
Here at Stokemont, it is an observation that we fully understand, and we advise that owners, both building owner and adjoining owner alike, are aware that as party wall surveyors, we are very much going to look at the matters from the perspective of the properties, as opposed to the owners.
In adopting such a clinical stance and position, we are able to ensure that we are not led or prejudiced by into any form of bias to the respective owners themselves.
Agreed party wall surveyors will ultimately agree a Party Wall Award.
That Party Wall Award regularising the planned construction works. Giving the building owner necessary rights to progress the works, while also giving the adjoining owner the legal rights of the protections afforded to them by the Party Wall etc. Act 1996.
If you were to liken this to a traffic light, this would be an amber, or orange light.
Dissenting to the Party Wall Notice and appointing their own party wall surveyor.
The third and final option that an adjoining owner has open to them upon receipt of a Party Wall Notice, is to dissent and appoint their own party wall surveyor.
Once they have selected this option, again, as set out above, a formal dispute will exist.
That dispute being resolved this time around by way of two party wall surveyors.
Each party wall surveyor will act respectively and independently on behalf of their appointing owner.
The two surveyors will ultimately undertake the same roles and duties as a single agreed surveyor does, the only difference being that they act together, as opposed to in isolation.
The drawback for a building owner with this Party Wall Notice response, is that they are not only burdened by the additional cost of an adjoining owner’s party wall surveyor, there will also be additional time considerations to take into account as ultimately two professionals will be agreeing the Party Wall Award, as opposed to one.
Ultimately, whenever there is a Party Wall Notice dissent, dissent coming by way of an agreed surveyor or two party wall surveyor appointment, a Party Wall Notice dispute will have arisen.
However, it is equally important to note that you can only have a party wall dispute if the building owner serves the all important and necessary Party Wall Notice upon the adjoining owner.
No Party Wall Notice
If a Party Wall Notice is not served, unfortunately the Party Wall etc. Act 1996 would have never been invoked.
This means that an adjoining owner is unable to gain the protections that the Party Wall etc. Act 1996 affords them.
This protection coming by way of appointment of a party wall surveyor.
Party wall surveying matters while simple on the face of them, can quickly become complicated and in some cases difficult to manage, especially if neighbourly relations are strained.
If you would like to discuss party wall surveying matters with our team of experienced and qualified building surveyors here at Stokemont, please feel free to get in touch with us today. We will be more than happy to assist and advise you.
