Thank you for clicking on today’s Property Surveying blog post. In today’s informative property blog, we are going to be looking at party wall surveying procedures.
Party wall surveying procedures are typical daily services that we undertake here at Stokemont.
Over the years, our party wall surveyors have not only worked on a wide variety of different property surveying projects, they have also been lucky enough to build up a vast and extensive range of experience.
This best places us to ensure that we are on hand and able to best assist with your property surveying matter.
Party Wall Notices are the starting point for party wall procedures.
Under the Party Wall etc. Act 1996, the building owner will need to serve a Party Wall Notice upon the adjoining owner.
This Party Wall Notice will need to be served prior to the planned works commencing.
Building Owner
A building owner is the legal owner of the property planning on undertaking the construction works. Those construction works falling within the realm of the Party Wall etc. Act 1996.
Adjoining Owner
The adjoining owner is the owner whom borders and adjoins the building owner’s property.
The adjoining owner will be the recipient of the Party Wall Notice served by the building owner.
Party Wall Works
Party wall works will be the element of the construction work that falls within the realm of the Party Wall etc. Act 1996.
It is important for building owners and adjoining owners alike to take into account and bear in mind, that not all of the construction works that are being planned will be party wall related.
Party Wall Notices start the party wall procedures, as they effectively invoke the Party Wall etc. Act 1996 upon the adjoining owner.
Once invoked, the adjoining owner is given the Act’s legal protections, including the opportunity and option to appoint a party wall surveyor to act on their behalf.
Should the adjoining owner choose to appoint a party wall surveyor, it will then be that party wall surveyor’s statutory duty to administer the Party Wall etc. Act 1996. Importantly ensuring that the Act’s benefits and protections are applied to them and their property.
Party Wall Surveyor
A party wall surveyor is the property surveyor who will formally resolve a statutory dispute that exists under the Party Wall etc. Act 1996.
The party wall surveyor appointment is one of statute, meaning that they must abide and administer the Party Wall etc. Act 1996 in accordance with its wording and governance.
It is important to note, that party wall surveyor as a term and phrase is relatively open.
In fact the definition and wording of the Party Wall etc. Act 1996 sets it out as follows:
“surveyor” means any person not being a party to the matter appointed or selected under section 10 to determine disputes in accordance with the procedures set out in this Act.
In practice, this means that anyone can refer to themselves, or formally name themselves as a party wall surveyor.
They do not need to hold any formal qualification, property understanding, or even any property background.
For this reason, one of the biggest advices that we can given building owners and adjoining owners alike here at Stokemont, is that they carefully select their party wall surveyor based off their experience and merit.
Party Wall Notice Costs
Party Wall Notices are a legal document, as set out above, they invoke the Party Wall etc. Act 1996 upon the adjoining owner.
They also give the adjoining owner the legal right to appoint a party wall surveyor upon receipt.
Party Wall Notices can be served by building owners in an informal neighbourly fashion.
There are multiple different notice generators, creators and providers out there who will give building owners the opportunity to create valid Party Wall Notices ready for service.
Here at Stokemont, we have our Party Wall Notice creator which likewise, if carefully followed, will create valid Party Wall Notices.
We would tend to only advise using our, or other provider’s free notice creators, if indeed you are well informed that the adjoining owner is likely to consent to the Party Wall Notice.
If indeed adjoining owners are likely to dissent, then in all honesty you are better off paying the small cost for an experienced party wall surveyor to prepare and serve the Party Wall Notice.
Party Wall Surveyor Notices
The benefit of Party Wall Notices which are prepared and served by a party wall surveyor, is that the adjoining owner is given a point of contact to go to to discuss the party wall works and party wall procedures.
In many cases, providing that the surveyor is able to give reasons and informed advice, an adjoining owner who may have previously considered dissenting and appointing their own party wall surveyor, is likely to consider the appointment of an agreed party wall surveyor.
This would not only have the benefit of cost efficiency, however would also have the benefit of time efficiency.
Time efficiency usually being the all important part of the party wall surveying puzzle.
Party Wall Notice Timings
Under the Party Wall etc. Act 1996, once the Party Wall Notice is served, the building owner will have 14 calendar days to review and respond to the Party Wall Notice.
Upon termination of that timing, if the building owner has not received a Party Wall Notice response from the adjoining owner, at that stage a further Party Wall Notice will be served, commonly referred to as a Section 10(4) Notice.
This further Notice will give the adjoining owner a final 10 calendar days to respond.
With both of the respective timings, you also allow 2 calendar postage days to enable the adjoining owner to adequately receive the Party Wall Notice.
These 2 calendar postage days are on each respective Notice that is served.
This effectively gives an adjoining owner circa 1 calendar month to review and respond to the Party Wall Notices.
In terms of the title of this blog post, it is the building owner who will cover the costs of the Party Wall Notice. However, if they opt to, and decide to, they can serve their own Party Wall Notice.
This comes with the all important cost saving that many building owners will seek.
As set out above, here at Stokemont, we would advise looking at the cost saving carefully. Ultimately considering whether paying the small cost for a party wall surveyor to serve the Party Wall Notice, could indeed have the benefit of cost efficiency in the long run.
The outcome here being that as set out above, the adjoining owner has a vessel to contact to raise queries should there be any unclarity about the party wall works, party wall surveying procedures or Party Wall Notices.
If you would like to discuss party wall surveying procedures with our experienced and qualified party wall surveyors here at Stokemont, please feel free to give us a call today, we will be more than happy to assist and advise.
