Welcome to another addition of the Stokemont blog posts! Today we are going to be taking a comprehensive look at Party Wall Surveying procedures.
The Party Wall Act 1996 is an important element of the pre construction works procedures to understand and familiarise yourself with.
Even the most experienced of surveyors often lose sight of the original intention of the Act in day-to-day administration and operation. We thought it would be important for a back to basics approach, which is why we are going to be taking a look at the fundamental principles of the act.
In January 1996, the Party Wall Bill was brought before the House of Lords. Despite this, legislation surrounding the idea of a party wall can be traced back to the London Rebuilding Act 1667.
The Legal Rights Under the Act
So, the whole point of the Act is to provide rights to an owner that they may not have otherwise be afforded.
The Act grants a series of rights to a person wanting to carry out building works that are specifically covered by the Act, if this is you, you’re referred to as a “building owner”.
It also provides protection for any owner of a neighbouring property owner, if this is you, you’re referred to as a “building owner”.
If you are a property owner, and you are planning to undertake works to the structure of the party wall, or in close proximity you need to make sure you follow the provisions laid out in the Act.
The courts look upon those who overlook statute, such as The Party Wall Act 1996 unfavorably.
The Act is in place to resolve dispute arising from construction work that fall within its remit, giving the owners the opportunity to resolve these disputes by way of Party Wall Surveyor input.
Party Wall Act Terms
If you were to read the act in its entirety, you would be greeted with such terms as “adjoining owner” and “building owner”. As set out above, the adjoining owner is the owner of a property who is adjoining within a distance of the building owner’s planned works.
The entire Act is one which is fairly enabling and is not supposed to be a platform that an adjoining owner can use to block lawful works from being carried out. To give an example, if the building owner wanted to cut the party wall in order to insert a beam for reconfiguration purposes, then this can be legally done so long as they follow the procedures that have been set out by the act.
Adjoining Owner Protection
It is probably worth noting that there are certain works which are supposed to be carried out by the building owner, but the Act isn’t just there to allow them to do whatever they please, whenever they want.
There is a certain level of protection built in for the adjoining owner, because there are situations where damages can occur.
Appointed party wall surveyors also have jurisdiction to award both the timing in the manner of the works. This is vital when attempting to sanction works to avoid any unnecessary inconvenience and provide mitigation against potential damage incurred by the project.-Unfortunately, this is not always possible.
It’s actually common practice that the works that fall under the umbrella term of “party wall” are subservient to the overall works, and the extent of these proposed works should therefore be carefully thought about by the party wall surveyors. Therefore, it is necessary for any appointments available to be experienced within these matters to make a sound judgement.
At the end of the day, the Act was designed to make sure that there was a fair degree of protection offered to both the developer and the adjoining owner. Both have equal rights under the law, so the actors design to make sure the compensation exists for one party if the other relaxed to move forward with the development project.
From a legal standpoint, the act is used as a tool for properly handling disputes that don’t require a court situation. In the event of this happening, it is necessary to properly invest in surveyors, who will provide an unbiased set of judgements.
The Party Wall act continues to be a firm part of development projects today, and is worth knowing about, because if you fail to adhere to the protocols, you may find yourself subject to penalties.
Party wall surveying procedures can be a tad complex, smallest oversights can result in cost, change and delay. We would therefore always advise that you take the informed advice and input of a qualified and experienced Party Wall Surveyor. If you would like to discuss how Stokemont can be of service to you, get in touch with us today and we will be more than happy to assist you.
