Today we are going to be looking at some of the more simple and straightforward questions that our party wall surveyors find themselves being asked on a daily basis by building owners and adjoining owners alike.
What is the Party Wall Act 1996?
The Party Wall Act 1996 is a piece of documentation which has been designed to govern types of construction work that building owners are allowed to undertake on their properties.
The act exists as a way to make sure that work is considered from the perspective of both the building owner and neighbour, known after as the adjoining owner, to make sure that the potential risk for all parties is as low as possible.
When Does the Party Wall Act Apply?
The act is designed to apply in three different situations, based on three unique types of construction work looking to be undertaken by the building owner:
- Building up a new wall that is either up to you or astride the boundary line.
- Conducting certain types of work that are directly tied to the party wall.
- Completing an excavation within 3m of your property.
Generally speaking, works of this nature typically qualify as either a side, rear, or front extension.
They can also be internal structural works up to the party wall, basement works or simple loft extensions.
How Does a Party Wall Agreement Function?
Generally speaking, a party wall agreement functions and begins when the building owner, who is the individual owning the property where the work is taking place, serves notice to the adjoining owner, which is the neighbour.
The notice is written with the intention to commit the works, and the adjoining owner has three different responses available to them once the notice has been served.
Party Wall Notice Consent
The adjoining owner can freely consent to the works being requested. This means that the building owner is then available to get on with the works and there is no necessary need to follow the formalities of the act.
However, it’s important to notice that choosing to do it like this will take away the protection of both the adjoining owner and the building owner under the act. Therefore, it is highly recommended that you undertake a schedule of condition reports. This is a report which basically entails one of the surveyors visiting the property of the adjoining owner to record the condition of it, and provide visual and written evidence that certain damages are already in place, just to make sure that no damages are done during the works that are not properly notified or flagged.
Party Wall Notice Dissent
The adjoining owner can disagree with the proposed works, which will automatically trigger a dispute and result in the appointing of a surveyor. In this case, it is an agreed surveyor.
The surveyor would act impartially on both sides, and prepare all the necessary documentation, which would allow the project to move forward. This would involve the awarding of a party wall award. This is a legal document which outlines the work, timeframe, and any extra conditions necessary for the protection of both the building owner and adjoining owner.
The third and final option available to the adjoining owner is that they disagree with the works being planned but choose to hire their own surveyor. This means that there are two surveyors, one working for each side, with a third surveyor hired as a neutral third-party to manage them.
What Happens During a Party Wall Procedure?
A party wall procedure has a number of steps in it in order to make sure that both the building owner and the adjoining owner have the same level of legal protection. Let’s take a look at the steps that are involved.
The procedure will involve reviewing all of the plans, drawings, and structural designs from the perspective of the adjoining owner done by the building owner. This helps to make sure that the risk to their property is kept as minimal as possible. In many cases, the designs created by the building owners are often revised as a result.
There will also be the undertaking of a schedule of condition report, which will identify the condition of the adjoining owners property, in order to guarantee that any damages that take place are documented and flagged.
The procedure will also make sure that protection statements are set out for all parties, including contractors. These protection statements are set out in such a way that the works will be undertaken in accordance with the rules, and wherever possible, the methods used inside work creates the least risks.
There will be the agreement of a party wall award by the surveyors which we’ll probably explain next.
What is a Party Wall Award?
Let’s talk about the party wall award. What we have here is a legally binding document that has been created by the party wall surveyor, whether this is an agreed one for both parties or two independent party wall surveyors.
In either case, the role of the award is to fairly govern the specifics of the works, and protect both parties from severe harm or damage to their properties.
Who Pays For the Party Wall Surveyors?
As is laid out in the party wall act, the building owner is the individual responsible for the fees of the party wall surveyors.
In a situation where the proposed works will only benefit the building owner, they’ll need to pay for the fees of the adjoining owner’s surveyor too.
How Long Does Everything Take?
The exact length of time which is necessary for the process will vary according to the specifics of the world in question – more complicated works will take longer.
Generally speaking, you can expect up to two weeks for a single surveyor to reach an award. However, if there are two surveyors involved, the process becomes more complex and takes a little longer – up to four weeks on average.
If you would like to discuss your party wall surveying requirements with our team of surveyors, give us a call today, we will be more than happy to advise.
