In this week’s property surveying blog, we will be discussing at what point your neighbour has to serve you a Party Wall notice which falls under the Party Wall Act.
Following an effective planning application, once a building owner has obtained planning permission for their for their development proposition, in the event that it’s found that the works fall under the domain of the Party Wall etc Act 1996. The works above would require a Building Owner intending to carry out any of these works to notify any applicable neighbouring properties by serving a Party Wall Notice.
Key points to note when proceeding to serve notices are that the Party Wall Act specifies the following:
If the proposed works are to be directed to the Party Wall, Notice would need to be served 2 months before the planned works.
Party Wall Works
- Cutting into a party wall to insert a steel beam (for example to facilitate a loft conversion)
- Cutting off projections from a party wall (for example, to remove a chimney breast)
- Raising the height of a party wall
- Demolishing and rebuilding a party wall
- Underpinning the whole thickness of a party wall
- Carrying out repairs to a party wall
If the proposed works are not to be directed to the Party Wall, Notice would need to be served 1 month before the planned works.
Party Wall Works Digging
- Excavating within Three or Six metres of any adjoining, or neighbouring structure
- Constructing a new wall either up to, or astride, the boundary line
Party Wall Notices are in place to first and foremost invoke the Party Wall etc Act 1996 upon the adjoining owner(s), however, also notify them of the building owner’s intention to carry outs that may as result affect their property.
Party Wall Notices should be simple in their form, the notification should also include enough information so that the adjoining owner is able to make a fully informed decision in response to the Party Wall Notice received.
Once notice is served, the adjoining owner(s) has 3 response options available to them:
Response Option 1: Party Wall Notice Consent
Consenting means the adjoining owner will be giving the go-ahead without any further of the Act’s procedures being followed.
Here at Stokemont, in an attempt to ensure the building owners protection against any potential false damage claim as well as any damage occurring to a consenting adjoining owner during or post-construction work, we would still highly recommend that a Schedule of Condition Report of the adjoining owner’s property is opted for.
A Schedule of Condition Report involves a Party Wall Surveyor visiting the adjoining property prior to the construction work commencing, to record the condition, the surveyor will would then provide a copy of this report to each respective owner acting as a record of proof in the event of a damage claim.
The building owner would be liable for the Schedule of Condition Report fees, should the adjoining owner wish to have the report undertaken.
Response Option 2: Party Wall Notice Dissent, Agreed Surveyor Appointment
Dissenting and appointing an Agreed Party Wall Surveyor means that one Surveyor acts impartially on behalf of both the building owner and the adjoining owner.
The Surveyor’s role will be to protect the interests of both owners impartially via the agreement of a Party Wall Award which is a legal document, governing the construction work and adding damage protection above and beyond common law for both the building owner and the adjoining owner. The building owner would be solely legally liable for both Party Wall Surveyors’ fees.
Response Option 3: Party Wall Notice Dissent, Two Surveyor Appointment
Dissenting and appointing their own Surveyor will mean that an adjoining owner will also need to appoint a Party Wall Surveyor. Both Surveyors will select a third surveyor at the interim who can mediate any disputes. Other than this, the surveyors will undertake the same roles as response option 2, concluding their input via the agreement of a Party Wall Award.
The building owner would be legally liable for both Party Wall Surveyors’ fees.
Once an option has been selected by the adjoining owners, the next stage would be to arrange for access to the neighbouring properties in order for the Schedule of Condition Report to undertaking either by the surveyor or surveyors, if two are included within the procedure.
It should be noted that once a Party Wall Award is agreed upon, a Building Owner has a period of 12 months to commence those works. If works haven’t started 12 months from the agreement, a new Award will need to be agreed upon, therefore, it’s prudent to serve notices taking this into account.
Furthermore, the serving of a Party Wall Notice is the key to triggering the formalities of the Act, therefore it’s important to make sure this has been served correctly, and if you happen to be an owner adjoining the planned works, it’s prudent that you make the owner(s) planning the proposal aware that you desire a Party Wall Notice to be served upon you as you don’t have options discussed above available until this has been actioned.
Here at Stokemont, we take great pride in assisting our clients and owners and ensuring that they are fully informed.
If you are either a building owner planning works or an adjoining owner whose neighbour is planning works and would like to discuss party wall surveying procedures with our team of surveyors, give us a call today. We will be more than happy to assist and advise.
