Thank you for clicking on today’s Property Surveying blog post. In today’s informative post we are going to be taking a look at party wall surveying.
In particular, we are going to be looking at the situations and scenarios that come into play when a party wall dispute arises.
From a legal perspective, a common observation that adjoining owners make, is that they aren’t actually in dispute with the building owner and therefore aren’t comfortable with the phraseology party wall dispute.
From a legal perspective, under the Party Wall etc. Act 1996, post Party Wall Notice service, the adjoining owner will have two party wall notice response options.
These are as follows:
Consenting to the Party Wall Notice
Consenting to the Party Wall Notice effectively means that the adjoining owner has considered the building owner’s works proposals and opted to consent, or give the go ahead in that regard.
Ultimately, by consenting the adjoining owner will be reserving the protections that the Party Wall etc. Act 1996 affords them.
In particular, these protections will include and incorporate the professional advice and input from a party wall surveyor.
None of the party wall surveying procedures or formalities will be administered and followed, with the building owner to be free to crack on with their planned works without any further delay or expense.
Dissenting to the Party Wall Notice
The second option that an adjoining owner has open to them in response to a Party Wall Notice is to dissent.
Dissenting to the Party Wall Notice is actually through the eyes of the Act deemed and classified as a dispute.
The premise of the Act, being that that dispute will then need resolving. Resolution coming by way of party wall surveyor’s input and determination.
Within the dispute category, there are two options open to an adjoining owner –
Dissenting and Appointing Two Party Wall Surveyors
The first option is that the adjoining owner can dissent to the Party Wall Notice and appoint a party wall surveyor of their choosing.
This response will then result in the building owner also having to appoint their own party wall surveyor.
The two party wall surveyors, formally and legally referred to as the building owner’s party wall surveyor and adjoining owner’s party wall surveyor will then progress matters ultimately undertaking procedural aspects such as;
- Reviewing Party Wall Notices
- Reviewing project drawings
- Agreeing working hours
- Undertaking Schedule of Condition reports
- Drafting and agreeing a Party Wall Award
- Undertaking post work Schedule of Condition report check offs
Ultimately, these procedures are all going to result in protection for the adjoining owner, with that protection being above and beyond common law.
Dissenting and Appointing an Agreed Surveyor
The second dissent option that an adjoining owner has open to them is to dissent and appoint a single agreed party wall surveyor.
Appointing an agreed party wall surveyor will mean that the single surveyor undertakes all of the normal duties that the two prospective party wall surveyors that we have discussed earlier on will, the only difference being that that single surveyor acts impartially on behalf of both building owner and adjoining owner.
Party wall disputes naturally bring concern to both building owners and adjoining owners alike. Building owners often being concerned about delays and added costs to their planned works.
Adjoining owners often being concerned about the risk and issue that can come about as a result of the planned construction works.
The party wall surveyor’s role will be to look at those risks from the perspective of the adjoining owner’s property, ultimately ensuring that they are as low as they can possibly be.
In the event of concern, here at Stokemont we would advise giving us a call, we are very happy to offer 30 minutes free no strings party wall surveying advice to all callers and enquirers.
To take us up on this offer, all you need to do is give us a call today, get in touch with us via our contact page, or perhaps pop us over an email.
We will then review the information, provide you some no strings and partial party wall surveying advice, and hopefully assist in resolution of your enquiry and query.
