Thank you, for clicking today’s Property Surveying blogpost topic. In this week’s Property Surveying post, our party wall surveyors are going to be taking a comprehensive look at party wall surveying procedures, and in particular offering free advice on what the Party Wall etc Act 1996 deals with, the type of construction work that it covers, and the scenarios that both building owners and adjoining owners need to be aware of in that regard.
First and foremost, it is important to note that party wall surveying procedures will only apply to certain types of construction works.
These construction works are far and wide, however generally speaking can be categorised into three distinct different types of construction types.
New Walls
The first type of work that falls within the realm of the Party Wall etc Act 1996 is the construction of new walls built up to, or astride, the boundary line.
In practice, all this means is that the construction of any wall in close proximity to a boundary line, that will often form the new flank wall of planned extensions, will indeed fall within the realm of the Party Wall etc Act 1996.
New walls require the service of a Party Wall Notice upon the adjoining owner, by the building owner, a minimum of one month prior to the planned works commencing.
Works Directly to Party Walls, Party Structures, Party Fence Walls
The second section that the Party Wall etc Act 1996 deals with, is works directly to a party wall, which is the typical shared wall between houses or flats.
Works to a party structure, which is the floor or ceiling which separates flats horizontally.
All works to a party fence wall, which is the legal phrase for a shared garden wall.
All of these works will require building owners to serve a Party Wall Notice upon the adjoining owner a minimum of two months in advance of the planned works commencing.
This is by far and wide the largest area of the Party Wall etc Act 1996 and sees the vast majority of works that do require a Party Wall Notice falling within this category.
Excavations
The final section of the Party Wall etc Act 1996 that deals with construction works is Section 6, or Excavations.
Effectively, any excavations within three metres or six metres of an adjoining owner’s property, will require the building owner to serve a Party Wall Notice a minimum of one month in advance of commencing those planned works.
Party Wall Notice
The Party Wall Notice is in place to ensure that the building owner adheres to, and follows, party wall surveying procedures which are ultimately in place to not only protect and govern construction works, as set out above, they are also in place to ensure that an adjoining owner is given sufficient legal protection.
This legal protection coming in the shape and form of a Party Wall Award.
Party Wall Award
A Party Wall Award, also commonly referred to as a Party Wall Agreement, is the legal document which govern and protect an adjoining owner during the course of the planned works. However, also protect an adjoining owner after the planned works.
Party wall surveying procedures will ensure that there is a protocol and framework for which building owners need to adhere to during the course of the planned works.
Simple inclusions such as:
- Contractor working requirements
- Contractor working hours
- Specific contractor requirements
These are all typical and common inclusions that Party Wall Awards will often have.
However, importantly an adjoining owner will take peace of mind from the fact that a Party Wall Award also deals with scenarios and procedures that govern and handle party wall damage.
Party Wall Damage
In the event that party wall damage does occur, the Party Wall etc Act 1996 and Party Wall Award will set out a protocol and procedure for the building owner to adhere to, in order to rectify and make good that damage.
The Party Wall Award will often set out and confirm that the adjoining owner has two options when damage arises.
Building Owner Making Good
The first option they will have is for the building owner to make good the party wall damage.
This would be the most time and cost-effective option for the building owner, as it ultimately gives them the opportunity to remedy any issue that has arisen resulting from the works.
The second option, is that the adjoining owner can request a payment in lieu, which is a sum of money paid to the adjoining owner by the building owner.
This sum of money is then used for the adjoining owner to rectify and remedy the damage, regularising the issue.
Party wall surveying procedures are naturally going to be confusing, especially if building owner or adjoining owner have not dealt with them before.
If you would like to discuss party wall surveying matters with our team of experienced and qualified surveyors here at Stokemont, feel free to give us a call today. You can also pop us an email, we will be more than happy to assist.
