In today’s property surveying blogpost we are going to be looking at party wall surveying procedures.
Party wall surveying procedures apply if the Building Owner, who is the legal owner of the property where the construction works are taking place, is planning on undertaking building works to their property with those works falling into the realm of the Party Wall etc Act 1996.
The Party Wall etc Act 1996 (‘the Act’) requires the Building Owner to serve a Party Wall Notice on the Adjoining Owner in advance of the proposed construction works commencing.
The Adjoining Owner, being the legal owner of the property neighbouring the proposed works.
A Party Wall Notice being the legal notification which not only notifies the Adjoining Owner of the works, it also invokes the Act and its procedures.
The types of works that fall within the realm of the Act are loosely as follows:
- Building or constructing new walls up to or astride boundary lines.
Commonly these types of work come into play when Building Owners are constructing extension and the flank walls are in close proximity of the boundary line, which is often the case in the majority of semi-detached and mid-terrace housing.
- Undertaking works directly to the party wall, party structure or party fence wall.
These are far the widest party walls works under the Act and effectively mean that any works direct to a party wall separating two properties, a party structure separating to flats ie the ceiling or the floor, or works to a party fence wall ie a garden wall, will all fall within the realm of the Act.
These generally to include things such as structural changes, loft conversions, or any other additions or removals to the party wall.
- Excavations within 3m or 6m of an adjoining property.
If you are excavating within 3m or 6m of your neighbour’s property and to a depth lower than their foundations, the Act comes into play and Party Wall Notices are required.
Commonly excavations accommodate new extensions, with building regulations requiring the foundation to an extension to usually be a minimum 1m deep. It is worth noting that almost all excavations will fall within the realm of the Act, as the majority of England & Wales homes are built on corbel brick footings, which is effectively an expanse of bricks, 300mm-400mm wide beneath the depth of the ground.
This effectively means all new foundations will naturally undermine the original ones.
Having established the types of works that fall within the realm of the Act, let’s jump back to the Party Wall Notice requirements and look at the procedures surrounding these.
As previously confirmed the Building Owner has a legal duty to serve a Party Wall Notice upon the Adjoining Owner in advance of the proposed works commencing.
This Notice needs to be served a minimum of one or two-months in advance of the proposed works commencing and will ultimately give the Adjoining Owner the following response option to the Party Wall Notice:
- Party Wall Notice Consent
A Party Wall Notice consent effectively means the Adjoining Owner is responding and waiving, or reserving, the procedures as set-out by the Act.
This means no further formalities will follow and the Building Owner will be free to commence their proposed construction works without further delay.
This is by far the most favourable option and outcome for a Building Owner, as it not only means they can crack on with the construction work without delay, but it also means they do not need to incur any of the procedural costs that come with the Act.
- Dissenting to the Party Wall Notice
Dissenting to the Notice effectively means the Adjoining Owner will be disputing the procedures, requesting that they are then afforded to the protections the Act affords them.
These protections will obviously vary in range, depending upon the construction works taking place and the type of properties involved. However, generally speaking these will be set-out as follows:
- Party Wall Surveyor Review
The starting point for any good party wall surveyor’s input will be to review the proposed construction works from the perspective of the Adjoining Owner’s Property.
In undertaking this review, they will be confirming any risks associated with the works and will then go through protective provisions to ensure the said risks are as low as they can be.
- Schedule of Condition Reports
A schedule of condition is a thorough and robust review of the Adjoining Owner’s property in advance of the proposed works commencing.
The report itself will see the Party Wall Surveyor visit, go from room-to-room, element-to-element internally and externally, thereby ensuring a full a comprehensive record of the property’s condition is recorded prior to the Building Owner’s proposed construction works commencing.
The schedule of condition is the all-important go to document in the event of any issue, damage or allegation of damage.
Importantly, it helps all parties not to only to establish if the issues was pre-existing, but also gives a good idea as to the severity of the alleged damaged, if indeed it was noted in advance of the proposed construction works commencing.
- The Agreement of a Party Wall Award
The agreement of a Party Wall Award, also commonly referred to as a ‘party wall agreement’, is the legal document which governs the Building Owner’s proposed construction works.
The Party Wall Award also sets-out the various governing aspect of the works that the Building Owner’s contractor will need to follow. These include, but are not limited to: –
- Protective measures – that the contractor will need to adhere to;
- The working hours for the proposed construction works;
- The working hours for any access requirements;
- The type of tools the contractor will need to use during the course of the construction;
- Procedural confirmations in respect of any damage;
- Confirmation as to how to handle and manage changes or additions to the proposed works.
- Post-Works Inspection
Upon completion of the construction works, the Party Wall Surveyor will then also undertake a return inspection.
The purpose of this inspection is to confirm if any damage has been caused to the Adjoining Owner’s property as a result of the works.
The Party Wall Surveyor will effectively retrace his/her previous steps prior the construction works having commenced, thereby ensuring s/he has a definite and full understanding and assessment of any issues that may have arisen.
Party wall surveying procedures can appear simple, however, as with any legal matter can quickly become complicated and confusing.
Here at Stokemont we would advise you speak with a qualified and experienced Party Wall Surveyor sooner rather than later.
If you would like to discuss your party wall surveying procedures with us, give us a call today and we will be more than happy to assist you.
