Thank you for clicking on today’s blog post topic, we are going to be looking at party wall surveying.
In particular, through this informative blog post we are going to be looking at the typical and common party wall problems that our party wall surveying team has seen over the years.
Here at Stokemont we undertake thousands of party wall files and jobs each year, over this time we have been able to look at some of the more conventional issues that arise more frequently than not.
We are now going to take a closer look at these in more detail, in the hope that you can better prepare for them in respect of your proposed construction works.
Access
Access is an incredibly common issue that can arise as a result of the party wall surveying procedures.
Providing that the party wall is being raised, or a new wall is being built up to the boundary line.
This will ensure that the building owner and their contractors are given the legal right of access onto the adjoining owner’s land.
This legal right of access comes by way of Section 8 of the Party Wall Act 1996 as follows;
A building owner, his servants, agents and workmen may during usual working hours enter and remain on any land or premises for the purpose of executing any work in pursuance of this Act and may remove any furniture or fittings or take any other action necessary for that purpose.
What this means, is that the building owner is able to safely construct the proposed flank wall of their extension in a safe and sound manner.
However, it is cautionary, as the access needs to be for a limited period of time and cannot simply be for the duration of the whole build of the project.
Access is commonly disputed by adjoining owners, as they will take exception to the idea of a contractor having a legal right of access onto their land.
We fully understand that position here at Stokemont, however would put forward that the access is just in place for safe activity and therefore through surveyor input and the agreement of a Party Wall Award there are going to be protective clauses limiting the long term effect, and short term nuisance of the access.
Invalid Party Wall Notices
Invalid Party Wall Notices are another incredibly common issue that we see here on a daily basis.
In many cases a building owner will opt to have their contractor, their architect or they may even want to serve the Party Wall Notice themselves.
All of these activities and exercises can often result in Party Wall Notice invalidity.
In practice, if an invalid Notice is served, the statutory timings that are set out within the Notice will need to be re-set and start again.
This is a particular issue if time is of the essence and the building owner is very keen to crack on with the works. As effectively they will need to wait a further one, or two months (depending on the type of works they are planning) before they are legally able to start the works.
Invalid Party Wall Notice service can become a particular issue if secondary 10(4) Party Wall Notices are served as this could result in procedures having to be significantly re-set and a whole new rafter of Party Wall Notices sent out.
Here at Stokemont we would always advise that a party wall surveyor serves the Party Wall Notice, this way you are not only ensuring that the Notice is going to be valid, but you are also ensuring that the wording and approach of the Notice is going to be neutral, informative and impartial.
This will in our opinion here at Stokemont bode best for the most favourable Party Wall Notice response.
Party Wall Surveyor Fees
One of the most common types of issues that our party wall surveyors see on a daily basis, in particular when they are acting on behalf of a building owner is adjoining party wall surveyor fees.
It is important to note that a building owner’s party wall surveyor’s fees will be structured in a different way than if they were to act on behalf of the adjoining owner.
If a party wall surveyor is quoting for a job for a building owner, they are going to position their quote in a competitive manner in the effort and aim to not only win the business but take on the instruction.
However, if an adjoining owner appoints a party wall surveyor, that surveyor’s fees are not going to be structured in the same way, instead it is going to be the party wall surveyor’s hourly rate applied to the overall time that they spend on the job.
Party wall surveyor rates can range from £80 plus VAT per hour up to £350 plus VAT per hour.
Obviously, a party wall surveyor isn’t going to apply their hourly rate to each and every activity and exercise that they undertake on the job, however, as a ball park and industry norm there is still likely to be circa 5-7 hours that the party wall surveyor is likely to charge for in administering their duties and agreeing a Party Wall Award.
This 5-7 hours would apply to your conventional or straightforward party wall agreement, such as a loft conversion or rear extension.
If the works are more complex or structurally complicated such as underpinning, a basement conversion, or significant structural change, then it is likely that this 7 hours is going to be significantly higher, circa 10-12 hours.
It is also worth noting that a party wall surveyor will likely apply a lower hourly rate to the elements of the job that don’t require the full professional input, commonly these could be the Schedule of Condition inspection, administrative elements of the file or communication.
Alternatively the party wall surveyor may ask a junior, or administration colleague to fulfil these activities and duties in an effort to best ensure that the fees are overall reasonable.
Under the Party Wall etc. Act 1996, a party wall surveyor’s fees will need to be deemed as reasonable. It is worth noting that it is the adjoining owner’s surveyor counterpart, the building owner’s surveyor, who will ultimately decide whether the suggested fee is reasonable.
In the event that the building owner’s surveyor disputes the adjoining owner’s surveyor’s party wall surveying fee, at that stage they can seek the professional input of the third surveyor.
The third surveyor would have been selected at the very start of the job when the two respective party wall surveyors exchanged initial correspondence and communication.
The third surveyor’s role is there to ensure that no matter what happens throughout the process of the party wall agreement, if there is any bumps or issues along the way, either the building owner, adjoining owner, building owner’s surveyor, or adjoining owner’s surveyor will have the legal right to refer the matter to that surveyor in an effort to resolve any outstanding issue.
This is effectively the third point of a tribunal, with the first two points being the building owner’s surveyor and adjoining owner’s surveyor.
Drawing Issue
Drawing issue is the final point that we see here at Stokemont more frequently than not.
If indeed the drawings have any form of inaccuracy or error, it is likely that the party wall surveyors are going to require these to be adjusted and changed.
In many cases this can come as a pain and issue to the building owner, as they have effectively got to employ or task their draughtsman or architect in preparing these updated plans.
This can not only add costs, but can also result in delay to the proposed works.
It is important to note that in many cases minor changes can occur and will be no fault of the draughtsman or architect, simply specific details that the party wall surveyors may require in order to agree the Party Wall Award.
Here at Stokemont we undertake thousands of party wall surveying jobs every year, over this time we have seen party wall agreements agreed in a very straightforward and simple manner, to those agreed with difficulty and complexity.
If you would like to discuss your party wall surveying procedures and requirements of our team of RICS (Royal Institute of Chartered Surveyors) party wall surveyors here at Stokemont, please feel free to give us a call today and we would be more than happy to assist and advise you.
We also proudly offer 30 minutes free, no strings advice to all new enquirers, all you need to do to take us up on this offer is simply give us a call today. Through this free advice we can look at drawings, photographs, Party Wall Notices, or simply just provide verbal advice for you to best work off.
