In today’s Property Surveying blog post, we are going to be looking at party wall surveyors and party wall surveying procedures.
In particular we are going to be offering some free advice and giving you a little bit more information about our free advice service that we offer here at Stokemont.
Here at Stokemont, we understand and appreciate that party wall surveying matters are a typical topic of confusion for building owners, adjoining owners, contractors and architects alike.
In many cases a building owner will often find out about party wall surveying procedures too late, usually being in the run up to commencing the on-site construction works.
Equally, an adjoining owner may not be aware of the Party Wall etc. Act 1996’s procedures, and may be surprised to learn that the building owner has a legal obligation and duty to serve a Party Wall Notice upon them.
Party Wall Surveying
Party wall surveying procedures apply when a building owner is planning on undertaking specific types of construction works to their property.
Party wall surveying procedures apply to all types of property within England and Wales, aside from properties that are owned by the Crown, these are exempt from party wall surveying procedures. As are, planned works to National Rail, TFL or other means of transport.
The typical types of work that fall within the realm of the Party Wall etc. Act 1996 are as follows:
Construction of 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.
These new walls will need to be built up to, or astride the boundary line. In laymen’s terms, this means that the wall has to be built half on the building owner’s land, and half on the adjoining owner’s land.
If indeed the building owner’s planned construction works include the construction of new walls up to, or astride the boundary line the building owner has the legal duty to serve a Party Wall Notice upon the adjoining owner a minimum of one month in advance of commencing the planned construction work.
Works Directly to a Party Wall, Party Structure or Party Fence Wall
The second section that falls into the realm of the Party Wall etc. Act 1996 and compels a building owner to serve at Party Wall Notice is construction to party walls, party fence walls, or party structures.
A party wall is a wall which separates the land and demises of two respective owners, the building owner and the adjoining owner.
A party fence wall, is the legal term for a shared garden wall.
This garden wall can be built astride the boundary line, or alternatively on the land of one of the specific owners.
However, importantly the wall must be in shared ownership for the Party Wall etc. Act 1996 to apply.
A party structure is a horizontal structure which separates two respective demises, commonly flats.
To put this into perspective, it would be the floor, or ceiling between two flats located above or beneath one another.
Works under the realm of these various different definitions will require the building owner to serve a Party Wall Notice upon the adjoining owner a minimum of 2 months in advance of commencing their planned construction works.
Typically, these types of works will be the demolition and re-build of a party fence wall to accommodate a new flank wall of a rear or side extension.
Or alternatively, loft conversions, internal alterations, removals of chimney breasts. Or generally speaking any type of work that interacts with the shared structure.
Excavations
The final section which falls within the realm of the Party Wall etc. Act 1996 is the excavation for new foundations.
The pivotal and key part of the Party Wall etc. Act 1996’s procedures is that the excavations must be deeper than the neighbouring owner’s structure’s footings.
With modern construction requiring foundations to be a minimum of 1m deep, this is a relatively easy scenario to come into play.
With the vast majority of property stock having been built around the turn of the century, or the 1930s, these properties rest on corbel footings.
These corbel footings often being no more than 3-4 courses beneath the ground level.
Modern Building Regs require foundations to be a minimum of 1m deep, in some cases significantly deeper if indeed trees are in close proximity to the planned works.
This means that the excavations for new structures will almost always fall within the realm of the Party Wall etc. Act 1996.
Under the Act, a building owner has a legal duty to serve a Party Wall Notice on an adjoining owner a minimum of one month in advance of commencing their planned works.
Once a Party Wall Notice has been served, an adjoining owner will have the legal right to respond. There are two distinct response options that the adjoining owner has.
Consenting to the Party Wall Notice
The first Notice response option that the adjoining owner has is to consent to the Party Wall Notice.
Consenting to the Party Wal Notice will mean that they are reserving, or more likely waiving the legal rights that the Party Wall etc. Act 1996 affords them.
This means, that the procedures and protocols as set out by the Act will not be administered.
Importantly, the building owner will be free to commence their works without having to employ or instruct a party wall surveyor or party wall surveyors to administer the Party Wall Act.
Dissenting to the Party Wall Notice
Dissenting to a Party Wall Notice will mean that the adjoining owner wants the Party Wall etc. Act 1996 procedures administered and implemented.
This will mean that a party wall surveyor steps in to resolve the Act’s dispute.
This resolution will come by way of procedure and protocol, ultimately ensuring that the risk associated with the building owner’s planned works are at the lowest possible level.
Party Wall Award
A Party Wall Award is the conclusion of the party wall procedures, naturally it will follow a Party Wall Notice dissent.
A Party Wall Award is also commonly referred to as a Party Wall Agreement within the general public.
Party Wall Agreements and Party Wall Awards are one and the same. However it is worth noting that the majority of building owners or adjoining owners will refer to them as Party Wall Agreements. In comparison, the majority of property professionals will refer to them as Party Wall Awards.
The Party Wall Award will not only set out the specifics in which the building owner has to undertake the party wall element of the construction works. Importantly, it will also ensure that the adjoining owner has necessary protections in place in the event of any issue, damage, variation to work, or other matters.
Party Wall Surveying Costs
Under the Party Wall etc. Act 1996, the legal stance taken on this is that a building owner is responsible for the reasonable fees incurred in administering the Party Wall Act procedures.
In layman’s terms, simply put, this means that the building owner will need to bear the costs of the party wall surveyor, or party wall surveyors.
Party wall surveying costs are naturally going to be a topic of concern for building owners. Their aim and objective will often be to get through their works in the most time and cost effective way possible.
For building owners, it is important to note that the costs have to be reasonable, and ultimately the party wall surveyor or party wall surveyors is tasked to administer the Act, impartially and neutrally ensuring a Party Wall Award is agreed in the most cost and time effective way possible.
If you would like to discuss party wall surveying procedures with our team of experienced qualified surveyors here at Stokemont please feel free to give us a call today, or pop us an email,we will be more than happy to assist and advise you.
