If you are a building owner and you are planning an extension or renovation of your property and you are in close proximity to an adjoining owner, then a party wall agreement is definitely something that you will need to familiarise yourself with.
The Party Wall etc. Act 1996 was brought in to enable building owners to progress with their proposed works while protecting the interests of the adjoining owner(s).
In order to invoke the party wall procedures, the building owner who is undertaking the works is required to serve a party wall notice upon the relevant adjoining owner(s).
A building owner is required to serve a party wall notice on an adjoining owner if they are planning on building a new wall at the line of junction, carrying out works directly to a party wall or structure or if they are planning to dig excavations within 3m of the adjoining property.
The adjoining owner has three response options available to them:
- Consent
- Dissent and appoint an ‘Agreed Surveyor’
- Dissent and appoint an independent party wall surveyor
If the adjoining owner either dissents and appoints an agreed surveyor or their own independent party wall surveyor, then a party wall agreement will be created.
What is included within a party wall award?
Essentially, the party wall agreement will govern the building owners works and set out a series of guidelines that must be followed to ensure that the risk of damage and nuisance to the adjoining property is kept to a minimum.
The agreement will also include a Schedule of Condition of the adjoining property which is a legal record of the condition of the adjoining property before the commencement of the works. This ensures that any new damage because of the works can be easily identified.
A full pack of drawings and details will also be attached to the party wall agreement and the works shall not significantly differ from these drawings.
The timings in which the building owner can undertake the notifiable works will be set out which is usually between 08:00 & 18:00 Monday to Friday & from 08:00 to 13:00 on Saturdays with no works on Sundays or Bank Holidays.
Do party wall awards help building owners?
This is a very common question and many building owners question whether going through the party wall procedures is an unnecessary cost.
The answer is party wall agreements are very beneficial to building owners and things can quickly go downhill without one in place.
The party wall surveyor will thoroughly assess the proposed works from the perspective of the building owner & the adjoining owner and identify any potential issues/things to consider before the works commence.
This ensures that the likelihood of unexpected issues arising during the works is kept to a minimum, and these are planned for in advance of the works commencing. The benefit of this is that it significantly reduces the risk of delays to the building owners works.
The party wall agreements will allow the building owner to gain access to the adjoining properties land to undertake the works and will set out how they will do this to reduce the level of nuisance upon the adjoining owner.
Another benefit for the building owner is that they will not find themselves being asked to rectify damage within the adjoining property that already existed before the works commenced.
Many building owners feel that the party wall agreement only brings benefits to the adjoining owner, however, this is not the case.
The party wall agreement provides the adjoining owner with full protection in the event of damage against the building owners works. The party wall agreement will set out that the building owner will be liable to make good any damage to the adjoining property.
What happens if I do not follow the party wall procedures?
A bit of a downfall of the Act is that there is no penalty in place for a building owner choosing to ignore the party wall procedures.
However, an adjoining owner can seek to obtain a party wall injunction which would legally bring a halt to the works on site until the party wall procedures have been administered.
As a building owner if this were to happen there would be significant delays to your works as well as cost implications.
The Party Wall etc. Act 1996 can be confusing. However, here at Stokemont our surveyors are highly experienced in this area and would be happy to answer any questions or provide some advice. Feel free to speak with one of our team by clicking here.
