Party wall surveying is one of the most typical and prevalent services that we handle here at Stokemont.
In this blog post we are going to look at the key points that can help you avoid a party wall dispute.
A party wall dispute arises when a building owner serves a Party Wall Notice upon the adjoining owner. In response to that Party Wall Notice, the adjoining owner will dissent in accordance with Section 10 of the Party Wall etc. Act 1996 as follows:
Where a dispute arises or is deemed to have arisen between a building owner and an adjoining owner in respect of any matter connected with any work to which this Act relates either
(a) both parties shall concur in the appointment of one surveyor (in this section referred to as an “agreed surveyor”); or
(b) each party shall appoint a surveyor and the two surveyors so appointed shall forthwith select a third surveyor (all of whom are in this section referred to as “the three surveyors”).
In layman’s terms, while dissent is a legal term and raises a legal dispute, in practice there is often very little that the adjoining owner will be formally disputing, or has the allowance to dispute.
Instead, the term dispute, simply sets out that an adjoining owner has opted to have their legal rights considered through the Party Wall etc. Act 1996.
In particular the input of a party wall surveyor and party wall surveyor’s review and assessment.
To many building owners this comes as quite a shock, their aim will have to been to reduce the potential cost that they can incur through the construction process, in many cases often looking at the party wall surveying costs and fees as an avoidable expense.
Here at Stokemont, we full understand this, however, it should be important to note that for many property owners, the property itself is a primary asset and the highest value one they own.
It is therefore reasonable and considered for an adjoining owner to want to ensure that their rights are fully considered and ultimately protected.
The Party Wall etc. Act 1996 is the perfect vessel to ensure this. The Act not only ensures that the adjoining owner’s concerns are considered, importantly, it also ensures that impartial and mutual surveyors look at the planned works from the perspective of their property.
In today’s property surveying blog post, we are going to be looking at the common considerations that a building owner can adhere to and follow both in advance and during the party wall surveying procedures in an effort to reduce the potential party wall disputes, issues and ultimately aim for Party Wall Notice consent.
In writing this, it should be worth noting that Party Wall Notice consents are rare.
Certainly here at Stokemont whenever we serve Party Wall Notices, we always advise our appointing owners, the building owner, that they are more likely and conventionally going to receive a Party Wall Notice dissent as opposed to a Party Wall Notice consent.
Open Owner Discussion
The first all important key point for a building owner to consider is to have open discussion with the adjoining owner.
This should be at the earliest opportunity and in many cases in advance of architects being instructed to prepare the plans.
The benefit of this, is that it gives the adjoining owner sufficient time to process and understand the building owner’s planned works. As well as becoming accommodated with the fact that they are going to have relatively large scale construction works being undertaken alongside and adjoining their property.
This also gives a building owner the opportunity to sound out any concerns that their neighbour, the adjoining owner has.
If permissible, giving them the opportunity to adjust and alter designs to best respond and accommodate these concerns.
Party Wall Surveyor Discussion
The next key consideration that we would advise building owners take on board here at Stokemont, is to speak to party wall surveyors sooner rather than later.
The party wall surveying market is an incredibly competitive one, there are a wide range of different service providers out there.
One of the key oversights that many building owners and adjoining owners alike make, is appointing a party wall surveyor who doesn’t carry with them any form of qualification.
Interestingly the Party Wall etc. Act 1996 only defines a party wall surveyor as:
“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.
In layman’s terms, this effectively means that anyone can refer to themselves as a party wall surveyor.
While this makes it a fantastic free market to work in, it can ultimately mean that there are surveyors out there who may not carry with them the necessary experience and qualification to effectively administer the Party Wall etc. Act 1996.
For this reason, it is imperative that building owners seek out experienced and qualified party wall surveyors at the earliest opportunity, so that they can discuss their proposals with that party wall surveyor at the earliest possible date.
The aim of this being to formulate a Party Wall Notice service strategy, that will have the most favourable effect and neighbourly considerations in mind.
Drawing Clarity
The next point that we would advise building owners adopt here at Stokemont is to ensure that drawings are as clear as they possibly can be.
The drawings are an all important part for building owner and adjoining owner alike.
Ultimately for an adjoining owner they are going to visually set out exactly what works are taking place.
The considerations such as:
- Flank wall finishes
- Party wall abutment details
- Clear construction notes
- Correctly labelled neighbouring properties,
These are all typical observations that adjoining owners will be reviewing and looking at with a keen eye.
Getting this information right can go a long way to alleviating adjoining owner concern. Which in turn can go a significant way to gaining a favourable Party Wall Notice response.
Construction Work Timings
The final point that we would advise building owners consider are the party wall construction work timings.
Ultimately, an adjoining owner is going to be concerned about the nuisance and impact of the works to the quiet enjoyment of their property.
It is therefore sensible for a building owner to give an adjoining owner as much time and notice as necessary of the planned construction works.
While there is likely to be very little an adjoining owner can do to reduce the noise impact upon the neighbouring owner, it would at least give them a significant heads up and notice of what is to come.
This can often go a long way to adjoining owners understanding and accepting the short term impact that will shortly be on their doorstep.
Here at Stokemont, over the years we have undertaken hundreds to thousands of party wall surveying jobs throughout England and Wales.
Our team of experienced and qualified surveyors pride themselves on attention to detail and leaving no stone unturned.
If you would like to discuss your party wall surveying procedures with our team of party wall surveyors, please feel free to give us a call today, or pop us an email, we will be more than happy to assist and advise.
