In today’s property blog post topic we are going to be taking a look at some of the more commonly asked party wall surveying questions that we see on a day to day basis.
What is the Party Wall?
The party wall is considered to be the wall that sits between two buildings, acting as the boundary. Generally speaking, it will either form part of a building, separate two or more buildings, or consist of a party fence wall.
It is only a party fence wall if it is not part of the building, and instead sits astride the boundary between the land of different people.
What works do you need to inform a neighbour about?
According to the act, you must notify your neighbour if you intend to do any of the following.
- If you want to build on or at the boundary between your two properties
- If you want to work on an existing party wall
- Excavate near the foundation level of a building belonging to the neighbour
It is important to realise that your neighbour can’t stop you from making changes to your property that are legal, but the party wall act will allow them to contest how this is done and when it is carried out.
Which owners are affected by the party wall?
The owner of the land who wants to complete the work is known as the building owner. Your neighbour is automatically designated as the adjoining owner.
What rights do I have as the building owner under the act?
As the building owner, the act provides you with the right to carry out work on an existing party wall, affording you rights that go beyond common-law rights.
Generally speaking, some of the most common applications are cutting into a party wall in order to support a steel beam for a loft conversion, cutting off the projections for a party wall, inserting a damp roof course, raising the height of a party wall, demolishing and rebuilding a party wall, or underpinning the thickness of a party wall, or simply just repairing a party wall.
What are my duties as a building owner?
As the building owner, it is your duty to notify all adjoining owners that you intend to carry out the work through the form of written notice.
There is no official guideline for creating a written notice, but generally it must include your name, your address, the address of the building you intend to work on, a full description of what you intend to do to the building, the proposed start date for the work, and then the notice should be dated and delivered to the neighbour.
How much notice does a building owner need to give?
As the building owner, you are generally advised to give at least two months notice.
However, your notice is only valid for a year, so keep that in mind.
What happens after the building owner serves notice?
Once the building owner has served notice, the adjoining owner has 14 days to respond. If they agree to the work being suggested, they have to provide written agreement. If they don’t agree, then a dispute will be raised.
What happens if there is a dispute between neighbours?
If there is a dispute between neighbours, then both parties must appoint a party wall surveyor to act on their behalf, or agree on an agreed party wall surveyor.
Who can I appoint as a surveyor?
There is no limitation on who you can appoint as a party wall surveyor, however it’s recommended you hire a professional. There will be complex architectural and legal paperwork to navigate, so a professional is the best choice.
What are the responsibilities of a party wall surveyor?
It is the responsibility of the party wall surveyor to create an award.
This is a document which will detail when the work will be carried out, what work will be carried out, if there is any additional work, and also provide a record of the adjoining property, listing its condition structurally.
This helps to identify what damages are created during the work.
A party wall surveyor will also inspect the work during the project to make sure that everything is being done in accordance with the conditions of the award.
Who pays the costs of a surveyor?
Normally, a building owner will have to pay all the costs associated with a party wall surveyor, including the phase of the adjoining owner’s party wall surveyor, if the works being done also leave for the benefit of the building owner.
Is the party wall award a final decision?
Once the award has been distributed, the adjoining owner and the building owner have 14 days to dispute it, this will often involve the court system.
What happens if the neighbours won’t cooperate with me?
If there is a dispute between you and your neighbours, you need to hire a surveyor for them.
What happens if I cannot get access to the neighbouring property?
In accordance with the act, the adjoining owner must grant reasonable access to the property for workmen and building owners in order to carry out the works.
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.
