In this week’s edition of our Property Surveying blogpost, we are going to be looking at party wall surveying, and the complexities that can come into play if a party wall surveyor is appointed by either the building owner or adjoining owner.
Party wall procedures are required under the Party Wall etc Act 1996, for all works which fall within the realm of the Act, and are covered by its scope.
The Party Wall etc Act 1996 came into play in 1997, and governs three distinct types of work throughout England and Wales:
Party Wall Works
New Walls
The first section that the Party Wall etc Act 1996 deals with is the construction of new walls, positioned and placed up to, or astride the boundary line.
If indeed the planned works will include new walls, then under the Party Wall etc Act 1996, the building owner has a legal duty to serve a Party Wall Notice upon the adjoining owner a minimum of one month in advance of the proposed construction works commencing.
Typically, these types of works will be covered by the construction of new walls, with those walls being built up to or astride the boundary line, and often forming part of the new flank walls of extensions, whether those extensions be front, rear, or side.
Works Directly to a Party Wall, Party Structure, or Party Fence Wall
The second type of works that the Party Wall etc Act 1996 sets out, is works directly to party walls.
A party wall is a common wall which separates two different respective properties, and by its very nature is in shared ownership, with each owner having respective rights over and upon it.
A party structure is much like a party wall, in the sense that it is mutually-owned. However, unlike a party wall, a party structure will separate two different ownerships horizontally.
In effect, a party structure is commonly a floor, or ceiling dividing flats, or flying freeholds.
Excavations
The final section of the Party Wall etc Act 1996, and the works which fall within the realm of the Act, is excavations within three, or six metres of a neighbouring, or adjoining property.
Under the requirements of the Act, if the planned works include excavations within three, or six metres, importantly with those planned works being at a deeper depth than the neighbouring structural property, under the Party Wall etc Act 1996, the building owner will need to serve a Party Wall Notice upon the adjoining owner a minimum of one month prior to the works commencing.
Party Wall Notice
The next section of the Party Wall etc Act 1996 that we are going to look at is Party Wall Notices.
Party Wall Notices are required in advance of the building owner commencing their planned works.
Party Wall Notices will need to be formally served by the building owner upon the adjoining owner prior to the works commencing.
The service of the Party Wall Notice will formally invoke the Act upon the adjoining owner, and importantly give them the legal rights and protections that the Party Wall etc Act includes.
These protections include, however are not limited to, the various provisions below:
Party Wall Surveyor
A party wall surveyor can be appointed by the adjoining owner upon the receipt of a Party Wall Notice.
A party wall surveyor’s role will be to review and administer the Party Wall etc Act 1996, taking into account the building owner’s planned works.
Importantly, the surveyor is going to look at the works from the perspective of the adjoining owner’s property, ensuring that they pose the least amount of risk and issue as possible.
Party Wall Award
Once a party wall surveyor has administered his or her duties as set out by the Party Wall etc Act 1996, the final piece of the puzzle and procedural input will be to agree a Party Wall Award.
The Party Wall Award will not only govern the types of work that are taking place, they will also set out various temporary protections that the building owner must adhere to during the course of the works, taking into account the adjoining owner’s property.
The Party Wall Award will importantly also set out aspects such as damages dealt with, importantly, they will include a Schedule of Condition report, thereby enabling the party wall surveyor to clearly and simply confirm and identify any new damage resulting from the planned works.
Party wall surveyors are naturally tasked with a great deal of input when it comes to party wall surveying matters.
A little-known fact, is that anyone can refer to themselves as a party wall surveyor. In practice, this means that there are a wide variety of different types of party wall surveyors out there. Often, with different degrees of property understanding, property experience, however more importantly than the rest, a different understanding of the legal procedures therein.
Here at Stokemont, we would always advise that a party wall surveyor is always selected both for their experience and expertise. That will ensure that you are getting the best person for the job, who is best suited to provide the necessary advice.
If you would like to discuss your party wall surveying procedures with our team of party wall surveyors, please feel free to give us a call today and we will be more than happy to assist and advise you.
