Thank you for clicking on today’s Property Surveying blog post, in today’s post we are going to be looking at party wall surveying matters and the roles that a party wall surveyor plays within those.
Party wall surveying procedures can naturally be a cause for concern and confusion for both building owner and adjoining owner alike.
Party wall procedures are a unique blend of both practical property knowledge, required by qualified and experienced surveyors.
While also, requiring the party wall surveyor to have an intrinsic understanding of property law and in particular the Party Wall etc. Act 1996. This is also commonly referred to as The Act by surveyors within the profession.
We have categorised this blog post into various different sub-headings to help you better understand the typical enquiries that we have had over the years, so that you can best use the content to your advantage.
General Party Wall Advice
One of the most typical enquiries that we get here at Stokemont is general party wall surveying advice.
The aim being for building owners and adjoining owners alike to fully understand certain aspects of the party wall matters, this could be a simple background on what The Act is, what it covers, or specific enquiries in respect of general observations we have had.
The Party Wall etc. Act 1996 is in place to give building owners the legal right to progress planned works. Those planned works having fallen within the realm of the Party Wall etc. Act 1996 in the first instance.
The Act is a legal procedure and framework, giving party wall surveyors the right to administer on behalf of the respective owners.
The aim of The Act is to ensure that building owners and adjoining owners alike are given protection above and beyond that of common law.
While also providing financial ease and smoothness of resolution in the event of any issues between the respective owners.
While The Act is referred to and cites 1996, it came into force and existence in 1997.
That being said, The Act was previously handled prior to 1996, albeit it was under The London Building Act.
Party Wall Notice Advice
Another very common enquiry that we have here at Stokemont is in respect of Party Wall Notices and specific enquiries in that regard.
Party Wall Notices are a legal requirement and must be served by the building owner, or their agent, upon the adjoining owner in advance of the planned works commencing.
The Party Wall Notice will give an adjoining owner three legal rights of response as set out below:
Party Wall Notice Response
- Consenting to the Party Wall Notice.
- Dissenting to the Party Wall Notice and appointing their own surveyor.
- Dissenting to the Party Wall Notice and appointing an agreed surveyor.
We have got a number of different blog posts dedicated with site pages that delve into these respective responses in a little more detail.
If you are unsure of these, we would advise that you fully review those so that you are fully abreast of the information surrounding them.
Party Wall Notices carry a statutory notice period. In practice what this means is that when Party Wall Notice is served, the building owner will have a period of time for which they need to wait for the adjoining owner’s Party Wall Notice response.
Equally, to re-word this, the adjoining owner will have the legal right to consider their Party Wall Notice response over that statutory notice period.
Statutory notice periods vary between one month and two months.
Party Wall Surveyor Enquiry
Party wall surveyor enquiries and advice surrounding those is again a typical matter that we are asked to deal with here at Stokemont on a daily basis.
This often scenarios whereby building owners or adjoining owners alike have appointed a party wall surveyor, with that party wall surveyor presenting issues that they have been unable to understand or resolve.
It is therefore relatively normal for owners to reach out to other party wall surveyors to seek advice to best advise them and help fully understand the enquiry.
Party wall surveying can naturally be confusing and in many cases relations can become fraught and tense.
There can also be scenarios whereby owners misunderstand or are not happy with the advice that the party wall surveyor gives him.
It is important to note that in many cases the opinion or advice of a party wall surveyor is often quite limited.
Instead, the party wall surveyor is going to be very much restricted and limited to the wording of the Party Wall etc. Act 1996.
This effectively means that in many cases there are limitations to what they can or cannot do.
Alternatively, there may be specific requirements to undertake tasks or elements as prescribed by the Party Wall etc. Act 1996.
One of the key considerations in selecting a party wall surveyor, is the assurances that you are able to work with them, have a discussion with them and ultimately reach resolution in the event of any confusion.
Party wall surveyors will become an all important go to in the event of issue or damage, therefore ensuring that you selected the right one is obviously key.
Party wall procedures are naturally going to cause concern. Here at Stokemont as a team of qualified and experienced building surveyors, we specialise in party wall surveying.
Unlike many other firms, the party wall surveyors that will handle the file are not only experienced but importantly and often in your peace of mind required, they are qualified.
It is also important to note that under Section 20 of the Party Wall etc. Act 1996, party wall surveyors actually don’t require any qualification.
“surveyor” means any person not being a party to the matter appointed or selected under section 10 to determine disputes in accordance with the procedures set out in this Act.
With such a clanger existing within The Act, you can see how party wall surveyors can quickly become unstuck or mixed up in issues that they are unable to resolve through lack of experience or professional understanding.
If you would like to discuss party wall surveying matters with our team of experienced and qualified surveyors here at Stokemont, please feel free to give us a call, or send us an email, we will be more than happy to assist and advise.
