In today’s property surveying blog post, we are going to be looking at party wall surveying. In particular, we are going to be looking at the procedures that are in place and that govern construction works that fall within the remit of the Party Wall Etc Act 1996.
The Party Wall Etc Act 1996 came into play in 1997 and governs specific type of construction works in England and Wales.
The Act came into force in place of the Land and Buildings Act and ultimately has been designed to ensure that there is a procedure and protocol that a building owner needs to adhere to if they are undertaking specific types of work that fall within the realm of the Act.
The party wall surveying procedures require the building owner to serve a Party Wall Notice upon the adjoining owner, prior to their planned works commencing.
The Party Wall Notice is in place to ensure that once the Notice has been served, an adjoining owner is afforded rights above and beyond common law. These rights include, however are not limited to:
PARTY WALL RIGHTS
Party Wall Surveyor Input
The first right that the Party Wall Etc Act 1996 affords an adjoining owner is the right for professional input from a party wall surveyor. The party wall surveyor’s role will be to look at the building owner’s planned party wall construction works from the perspective of the adjoining owner’s property. The intention and aim of the party wall surveyor will be to ensure that the risks associated with the planned works are as low as they can possibly be.
Construction Drawing Review
Another role that the party wall surveyor will play within the party wall surveying procedures is to review the planned works via the construction drawings.
The party wall surveyor is going to be looking for issue and risk within those drawings, whilst also ensuring that they sufficiently set out the planned works. In particular, the party wall surveyor’s role is going to be looking at the party wall element of the works from the position of the adjoining owner’s property.
The drawing review will enable the party wall surveyor to sufficiently reduce the construction work’s impact on the adjoining owner, and upon the adjoining owner’s property.
Schedule of Condition Reports
As part of the party wall surveyors professional input and duty, as per the Party Wall Etc Act 1996, it is convention for a Schedule of Condition report to be undertaken of the adjoining owner’s property.
A Schedule of Condition report itself will be undertaken prior to any planned construction works commencing, with the report setting out the pre-work condition of the neighbouring property, thereby acting as a benchmark and record of proof in the event of any issue or damage claim resulting from the building owner’s works.
The Schedule of Condition has the significant benefit of enabling a party wall surveyor to undertake both a written and photographic record of the adjoining owner’s property pre-works, meaning that if there were any allegation of damage arising from the works, it is very straightforward and simple for the party wall surveyor to definitively confirm that the damage is new, or alternatively, if the damage was in place and existed in advance of the building owner’s party wall construction works commencing.
Convention also sees a building owner commonly undertake a post-work Schedule of Condition report, the aim of the inspection being to check off the pre-work Schedule of Condition, definitively informing the adjoining owner that damage has/has not occurred.
Party Wall Award
Party Wall Awards are the definitive and concluding document that the party wall surveyor will prepare. The Party Wall Award will set out various provisions and requirements that the building owner will need to follow during the course of their planned works. It will also set out requirements that the building owner needs to ensure their contractor adheres to.
Importantly, the Party Wall Award will set out various procedures to be following in the event of specific scenarios arising. One of these scenarios is party wall damage.
Party Wall Damage
Another benefit that party wall surveyors play within the party wall surveying procedures is the input should any damage be caused.
The existence of the Schedule of Condition report as mentioned above, is going to be a key factor in the party wall surveyor’s assessment of damage.
Assuming that damage has occurred, the party wall surveyor will then assess that damage, usually preparing a Scope of Works, for which a contractor can then price and quote for.
Assuming this price is reasonable, and arm’s length, the party wall surveyor is likely then going to award that damage cost within a further Party Wall Award, making it a legal requirement for the building owner to place the adjoining owner in receipt of funds for that amount.
The premise behind this, is that should the building owner or adjoining owner dispute the scope or quantum of damage, they will have the legal right to appeal the Party Wall Award.
Party wall surveying procedures are inherently confusing. In many cases, both building owners and adjoining owners alike will have misunderstandings arising from both the party wall procedures themselves, and the construction works.
Here at Stokemont, we take great pride in assisting our clients and owners, and ensuring that they are fully informed.
If you would like to discuss party wall surveying procedures with our team of surveyors, give us a call today. We will be more than happy to assist and advise.
