In today’s Property Surveying blogpost, we are going to be looking at party wall surveying, and particularly the typical types of disputes that we see here at Stokemont that lead up to the appointment of party wall surveyors.
Under the Party Wall etc Act 1996, and in particular Section 10, in the event of a dispute or deemed dispute between the building owner and the adjoining owner, a party wall surveyor or party wall surveyors will be formally appointed to assist the respective appointing owner and resolve the party wall dispute at hand.
Section 10 is formally set out as below:
Where a dispute arises or is deemed to have arisen between a building owner and an adjoining owner in respect of any matter connected with any work to which this Act relates either—
(a) both parties shall concur in the appointment of one surveyor (in this section referred to as an “agreed surveyor”); or
(b) each party shall appoint a surveyor and the two surveyors so appointed shall forthwith select a third surveyor (all of whom are in this section referred to as “the three surveyors”).
Once a party wall surveyor has been appointed, the procedure becomes one of statute, whereby the party wall surveyor’s duty is to ensure that any matters in dispute are indeed resolved. That resolution coming by way of Party Wall Award. A Party Wall Award is also commonly referred to as a Party Wall Agreement within the general public.
We are going to look at some of the typical disputes that we see lead up to the appointment of party wall surveyors over the years.
Construction Work, Lack of Clarity
One of the first and most typical lead-ups to the appointment of party wall surveyors and an adjoining owner’s dissent, is uncertainty and lack of clarity within the drawing pack that accompanies the Party Wall Notice.
Adjoining owners will want to have a definitive understanding of the type of works that are going to take place.
Ultimately, so that they ensure that they are fully abreast of the works and any risks associated with them.
With this in mind, it is imperative and in our opinion key, for a sound and up-to-date pack of drawings to accompany the Party Wall Notices.
This will not only have the benefit of ensuring that the adjoining owner is fully abreast of the issues at hand, they will also be able to make a fully-informed decision when it comes to how to respond to the Party Wall Notice.
Party Wall Notice Service
Another typical issue that we see here at Stokemont from the perspective of adjoining owners, is issue coming by way of the Party Wall Notice service.
From a legal perspective, a building owner can serve their own Party Wall Notices. In many cases, we would actually advise that building owners exercise this option.
However, this Notice service option will not work for all scenarios.
For example, where adjoining owners have particular concerns about the works, the benefit of serving a Party Wall Notice by a party wall surveyor, is that you will be giving the adjoining owner the opportunity to discuss the planned works with that surveyor upon receipt of the Party Wall Notice.
This will ensure that any initial concerns they have can be easily responded to, and hopefully resolved by way of that party wall surveyor’s input.
There is a misconception amongst building owners that having a party wall surveyor serve the Party Wall Notice is likely going to lead to a Party Wall Notice dissent. Here at Stokemont, we would take the opposite stance to this, for the reasons set out above.
Pre-Party Wall Notice Discussions
Another typical issue that can lead up to the Party Wall Notice dissent is the lack of discussion and communication in the run-up to the Party Wall Notice itself.
It goes without saying that adjoining owners are rightfully going to have concerns when it comes to the works, both in terms of the interference with their enjoyment of their property, and also the overall durations and timings that some construction projects bear with them.
One of our biggest tips here at Stokemont is that a building owner should open the channels of communication at the earliest possible opportunity with the adjoining owner to ensure that they are not only expecting the Party Wall Notice, but more importantly they are aware of the type of works that are going to be taking place.
This will lessen the impact of the Party Wall Notice, and generally speaking bode well for a positive Party Wall Notice response.
Adjoining Owner Understanding
Another tip that we would offer building owners here at Stokemont, is understanding of the adjoining owner’s concerns.
In many cases, concerns can be easily discussed and addressed through either party wall surveyor input or architect input.
Typical concerns may even be non-party wall surveying matters, for example:
- Size of the planned works
- Height of structures
- Finish of walls
- Sound insulation concerns
These are all typical and conventional concerns for an adjoining owner to have. Therefore, it is important that a building owner is prepared to discuss these matters with the adjoining owner, as ultimately this can bode well for positive Party Wall Notice response, which in the long term will mean a control of party wall surveying fees, not to mention expedience in the building owner being able to progress the planned construction works.
Party Wall Surveyor Selection
Another typical issue that can lead to a negative Party Wall Notice response, is the building owner’s selection of party wall surveyor.
This selection would be by way of the party wall surveyor serving the Party Wall Notice.
Overall, across the industry, Party Wall Notices are generally speaking circa £50-£100 plus VAT per adjoining owner who requires a Party Wall Notice.
While there are some practitioners out there who offer a lower-cost service, in many cases when it comes to something as simple as a Party Wall Notice being served, you get what you pay for.
This could mean that the cost-efficiency achieved by a building owner in going for a low-cost surveyor in the first instance, could indeed backfire upon them, especially if the adjoining owner makes enquiries with that surveyor post-receipt of the Party Wall Notice, with that party wall surveyor not having undertaken a comprehensive review, or being fully abreast of the particulars of the work.
Party wall surveying procedures are naturally a relatively simple process. However, they are inherently complicated by way of the acute blend of both surveyor understanding and legal requirements needed to administer the Party Wall etc Act 1996, both neutrally and properly.
Here at Stokemont, as advised within this blogpost, we would advise discussing party wall surveying procedures with the neighbouring owner as soon as possible. In many cases, this can go a long way to reduce the input and need for a party wall surveyor, ultimately ensuring that procedures are not only time-effective, but also cost-effective.
Equally, building owners should be prepared for adjoining owner Party Wall Notice dissents. Certainly, here at Stokemont, whenever we serve a Party Wall Notice, we advise building owners that getting a Party Wall Notice Consent is very much a rear response in this day and age.
It is also worth noting that in many cases an adjoining owner wanting a dissent is likely not on any particular issue, and simply them wanting to protect their property, to ensure that it is fully considered from the perspective of the building owner’s property and planned works.
If you would like to discuss your party wall surveying procedures with our team of experienced and qualified party wall surveyors here at Stokemont, please feel free to give us a call today, or pop us an email, we will be more than happy to assist and advise you.
