Thank you for clicking on today’s property surveying blogpost topic. Today we are going to be discussing party wall surveying and, in particular, the appointment of a party wall surveyor.
Through out weekly blogposts, we aim to specifically look at some of the more tricky and complex parts of the surveying work that our team here at Stokemont undertake on a daily basis.
No work is more tricky than the Party Wall etc Act 1996 and the statutory role that a surveyor plays within that appointment.
Under section 10 of the Party Wall etc Act 1996, if there is a formal dispute between a Building Owner and an Adjoining Owner(s) post service of a Party Wall Notice, then a party wall surveyor will be required and need to be appointed in order to resolve that dispute.
Importantly, party wall surveyors can be from any background, have any degree of experience and, ultimately, any degree of understanding when it comes to property. In fact, the Party Wall etc Act 1996 is actually unusually vague and open upon the definition of what a party wall surveyor can be. The formal requirements are as set-out below:
“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.
With that in mind, there are various party wall surveyors out there who are offering their trade but do not have the natural experience and understanding that majority of the general public believe is necessary to act as a party wall surveyor and, ultimately, administer the Party Wall etc Act 1996.
Here at Stokemont we would advise than when a party wall surveyor selection and appointment is being considered that significant value is placed upon an party wall surveyor’s experience, knowledge, qualifications and property understanding.
It is not uncommon for contractors, architects and laypeople to offer their services as party wall surveyors, in an effort to move the procedures forward in the most cost effective way possible for the Building Owner.
Whilst this may seem like a sensible suggestion at the outset, it is important and imperative to bear in mind that party wall surveyor appointments are complex in nature. As set-out at the start of this blog, party wall surveying in our experience here at Stokemont tends to be some of the more complicated work our surveyors undertake on a daily basis.
The Party Wall etc Act 1996 not only requires an understanding of legal procedure, it also requires an understanding of construction but, most importantly, will also require some form of experience when it comes to negotiations, professional discussions and, ultimately, resolution of disputes by way of agreement of a Party Wall Award.
Coming back to the title of this blogpost, from a legal perspective, if anyone can act as a party wall surveyor, then anyone has the legal right to serve a Party Wall Notice. You do not therefore require the input of a party wall surveyor to service the Party Wall Notice upon the Adjoining, however, we would advise that careful consideration be given to the appointment of a party wall surveyor to undertaken this role as, ultimately, this Notice is going to be received by your neighbour(s), the Adjoining Owner(s).
If the Adjoining Owner(s) is left to feel in any way that the Party Wall procedures are not being properly administered or approached by the Building Owner, they are likely to dissent to the Party Wall Notice as standard, which is actually is a false economy, as the Building Owner will then likely have to pay for two sets of party wall surveyors’ fees.
Party Wall Notices are the initial point of contact that an Adjoining Owner(s) is going to have from the Building Owner and, from a legal perspective, is the first formal notification in respect of the Party Wall surveying procedures a Building Owner serves on an Adjoining Owner(s).
In many cases, the Party Wall Notice will come as a surprise, somewhat even a shock, to Adjoining Owner(s) who will often have concerns and worries in respect of the Building Owner’s proposed works and the risks they place upon their property.
A good party wall surveyor and certainly one with professional understanding of property matters is going to be able to discuss these initial concerns with the Adjoining Owner(s) from the outset. These discussions will usually come by way of Adjoining Owner’s initial enquires or responses to a Party Wall Notice, whereby they will call the party wall surveyor who has served the Notice upon them. This is an all important stage for the Adjoining Owner(s), as it will give them the opportunity to ask all important questions they have in respect of the party wall works, the party wall procedures and, ultimately, the party wall surveyor who has served the Party Wall Notice on them. If the information and responses they are given lack understanding, it is more than likely the Adjoining Owner(s) will make enquiries with a solicitor, friends, or a simple Google search to find a party wall surveyor who better meets their expectations.
Here at Stokemont we find that service of a Party Wall Notice by a surveyor not only ensures legal validity, but also, that neutral and informed details are sent from the Building Owner to the Adjoining Owner(s). Party Wall Notices are inherently gong to carry within them some degree of surprise on the part of an Adjoining Owner(s) and, therefore, the input of a party wall surveyor at this stage can actually go a long way to lower and reduce the costs that can come post the service of a Party Wall Notice.
That being said, if relations between the Building Owner and Adjoining Owner(s) are on good terms and the Adjoining Owner has a firm understanding of the party wall procedures, proposed construction works, as well as the Party Wall Notice response they want to choose. Here at Stokemont we believe service of a Party Wall Notice by a Building Owner upon an Adjoining Owner(s) is reasonable and well placed.
It is worth noting that, over the years, this type of scenario does tend to be rare, instead, usually reserving itself for a situation where the Adjoining Owner(s) have carried out similar party wall works in the past.
The majority of Part Wall Notices served will result in an Adjoining Owner(s) dissenting and a dispute under the Party Wall etc Act 1996 will result.
For Building Owners who are reading this, it is important to note and bear in mind this is usually just an Adjoining Owner(s) wanting to ensure their property is well protected and they afforded the legal right the Party Wall etc Act 1996 gives them. These rights, of course being greater than common law rights and usually being of the main reasons an Adjoining Owner(s) opts to dissent to a Party Wall Notice.
Party wall procedures are something our surveyors do day in day out here at Stokemont. Over the years we have seen it all, from the straightforward to the complex, from simple works to structurally complicated.
If you would like to discuss party wall surveying procedures with our team of qualified and experienced party wall surveyors here at Stokemont, please feel free to give us a call today and we will be more than happy to assist and advise you.
