Thank you for clicking on today’s property surveying blog post. Today we are going to be looking at party wall surveying procedures. Party wall surveying procedures are riddled with complexity and in many cases, and often be confusing and difficult to understand.
Here at Stokemont, we aim to cut through this confusion and help assist our clients and the general public in better understanding the various different technology and wordings that party wall professionals and property professionals alike use during the course of party wall surveying procedures.
We are going to be taking a look at some of the typical phraseology used, with a short description of what each means, in the hope that you become fully informed on the facts.
Building Owner
The building owner is the Party Wall Etc Act 1996’s legal referral for the owner undertaking the construction work.
Adjoining Owner
The adjoining owner is the legal referral given to the owner who neighbours, or adjoins the building owner’s proposed construction works.
Party wall surveyor
The party wall surveyor is the appointed surveyor who will be acting on behalf of either the building owner or adjoining owner.
One of the most surprising and unknown facts that many members of the general public are often, and rightly so, incredibly surprised to hear, is that the phrase party wall surveyor is unprotected.
It doesn’t require any formal qualification, experience or understanding of property or legal procedures for a professional to refer to themselves as a party wall surveyor.
Party Wall Notice
A party wall notice is the start of the party wall surveying procedures. The Notice is usually in a letter format and will be served by the building owner upon the adjoining owner, a minimum of one or two months in advance of the proposed construction works commencing.
A Party Wall Notice will act to notify the adjoining owner of the proposed works, and importantly, set out the legal protections that the Party Wall Etc Act 1996 affords them.
Schedule of Condition Report
A Schedule of Condition Report is the party wall surveyor’s pre-works protocols and procedures. The report will see a party wall surveyor visit the adjoining owner’s property in advance of the building owner’s proposed construction works commencing, with that surveyor undertaking a full, robust and thorough record of the adjoining owner’s property in advance of the works commencing.
The record will be in both/or photographic and written format. The Schedule of Condition report will often form part of the Party Wall Award and will be provided to both the building owner and adjoining owner prior to the proposed construction works commencing.
Party Wall Award
A Party Wall Award is the legal document which governs the building owner’s proposed works. Importantly, it will also set out the various different procedures and protocols in the event of any issue such as damage.
The Party Wall Award is akin to a contract and will be agreed by the party wall surveyor or party wall surveyors on behalf of the building owner and adjoining owner respectively.
Line of Junction
The line of junction is commonly what we would refer to in the general public as the boundary line.
It’s a line that separates both the building owner’s property and the adjoining owner’s property.
A Party Wall Notice will often refer to the line of junction and in effect, this will set out that the building owner is planning to build their new proposed wall up to, or astride the line of junction.
Party Wall
A party wall is a shared wall that separates two buildings, properties or areas of land.
A party wall is shared wall and both the building owner and adjoining owner who adjoin it have equal and legal rights over it.
Any works to a party wall will require the service of a Party Wall Notice by the building owner to the adjoining owner.
Party Structure
A party structure is the dividing structure, commonly a floor or ceiling, between two respective buildings, flats, or other type of property.
If a building owner intends to undertake any works to a party structure, they will have a legal duty to serve a Party Wall Notice upon the adjoining owner, a minimum of two months in advance of undertaking those works.
Adjacent Excavation
Adjacent excavation refers to excavations that a building owner is undertaking within 3, or 6m of the adjoining owner’s property. Under the Party Wall Etc Act 1996, if those excavations are to a depth lower than the adjoining owner’s foundations, the building owner will have a legal duty to serve a Party Wall Notice upon the building owner, a minimum of one month in advance of the proposed excavations taking place.
Party Wall Award Appeal
Once a Party Wall Award is served, both the building owner and adjoining owner are given 14 calendar days to appeal the award. This appeal is afforded to them under Section 10.17 of the Party Wall Etc Act 1996.
Appeals of Party Wall Awards are relatively rare, however, can arise if a building owner or adjoining owner believes that the content of the Award is incorrect, contains error or some other form of legal invalidity.
Third Surveyor
A third surveyor is the party wall surveyor that the building owner’s surveyor and adjoining owner’s surveyor will select upon their initial discussions.
A third surveyor will be in place on each and every party wall surveying matter whereby there are two respective surveyors in place. A third surveyor is only ever appointed when the building owner, the adjoining owner, building owner’s surveyor or adjoining owner’s surveyor formally refer a matter to them.
In advance of that, the third surveyor has simply been selected in the event of issue arising. In many cases, the third surveyor will not formally know they have been selected, until there is indeed a dispute that has been referred to them. Third surveyors are in place to ensure there is swift resolution in the event of issue or dispute between the building owner’s surveyor and adjoining owner’s surveyor respectively.
Agreed Party Wall Surveyor
An agreed party wall surveyor is a single joint party wall surveyor that will act on behalf of the building owner and adjoining owner. A agreed party wall surveyors role will be one of impartiality, ensuring that they administer the Act and go through the necessary procedures with a Party Wall Award ultimately being agreed concluding the party wall procedures.
A key point to consider is that when there is an agreed surveyor in place, a third surveyor cannot be selected, and therefore, the building owner and adjoining owner will lose the rights to refer a matter to the third surveyor in the event of issue or dispute.
Party Wall Injunction
A party wall injunction is in place as the primary vessel to stop a building owner from progressing the party wall works without serving the necessary Party Wall Notices and going through the necessary party wall surveying procedures.
An adjoining owner has the legal right to rely on a party wall injunction to stop the building owner from progressing works any further, in the unfortunate event that for whatever reason, they have overlooked the party wall procedures and do not serve the necessary Party Wall Notices.
Party wall injunctions are relatively straightforward to get, however with any legal procedure, it is best advised that they are obtained through specialist solicitors or barristers.
Party Wall Dispute
A party wall dispute arises when the building owner serves a Party Wall Notice, and the adjoining owner opts to dissent to that Party Wall Notice. At this stage, the formal referral under the Party Wall Etc Act 1996 is that a dispute has arisen.
Albeit it isn’t a conventional property or neighbourly dispute, it is very much just the Act’s referrals and terminology in that regard.
Party Wall Notice Consent
A Party Wall Notice consent will mean that the adjoining owner agrees to the Party Wall Notice and effectively consents.
In consenting, the adjoining owner will be reserving their rights to any of the protections that the Party Wall Etc Act 1996 affords them. Commonly, this will include the input and review of a party wall surveyor and the ultimately agreement of a Party Wall Award.
Party Wall Notice Dissent
A Party Wall Notice dissent is the response option that an adjoining owner can make in the event that they are not in agreement with the building owner’s proposed Party Wall Notice. A Party Wall Notice dissent will give the adjoining owner the legal right to appoint a party wall surveyor to review the proposed works from the perspective of their property.
Method Statement
A method statement, whether this be an engineer’s or a contractor’s method statement, will usually set out some form of information that the party wall surveyor or party wall surveyors have requested from the building owner.
The method statement will set out how a particular task will be implemented on site, whether this be access, undertaking a certain part of the works themselves, or simply clarifying some uncertainty.
Method statements will often form of the Party Wall Award within the Party Wall Award appendix.
Advising Engineer
An advising engineer is the engineer that the adjoining owner’s surveyor will appoint so that the agreed party wall surveyor or the adjoining owner’s party wall surveyor will appoint in order to best advise them on the engineering elements of the proposed construction works
Party wall surveyors are not required to have any formal specialist engineering knowledge, and therefore will often rely upon advising engineers to fully advise them in that regard.
Under the Party Wall Etc Act 1996, the building owner will be legally responsible for the advising engineer’s reasonable costs.
Security for Expenses
Security for Expenses comes into play under Section 12 of the Party Wall Etc Act 1996.
Security for Expenses is the vessel whereby an adjoining owner can request a sum of money to be held on account in advance of the building owner’s proposed works commencing.
The sum of money will be held in the event that the building owner commences the proposed construction works and for any reasons, abandons, delays or stalls them, leaving the adjoining owner’s property in an unsafe or unfit position.
The adjoining owner will then have the legal right to call upon the Security quantum, in order to best safeguard their interests and ensure they are able to safeguard their property.
Thank you for reading today’s property surveying blog post. We hope it was helpful and informative. We will be combatting a few more surveying fact sheets through our blog, so please keep your eyes peeled in that regard.
If you would like to discuss party wall surveying procedures with our team of qualified and experienced RICS building surveyors and party wall surveyors, please feel free to give us a call today and we will be more than happy to assist and advise you.
