Post Work Schedule of Condition Reports

In this week’s party wall surveying property blog post topic, we are going to be discussing party wall surveying procedures. 

This blog post is going to focus on whether it is reasonable for an adjoining owner’s party wall surveyor to undertake a post-work Schedule of Condition report to check off the original record that would have been taken pre-works, and in advance of the building owner’s construction works commencing. 

Surprisingly, this is becoming a relatively hot topic and bone of contention! We have seen a number of repetitive claims that a party wall surveyor’s post-work inspection is unfounded and indeed, an unnecessary expense, and inconvenient for the building owner. 

From a legal perspective, we have had suggestion that once a Party Wall Award was agreed, the dispute between the respective owners is also agreed, meaning that right for a surveyor to undertake a return site inspection is actually no longer applicable. 

When looking at this particular point, it is important to bear in mind that the Party Wall etc Act 1996 actually doesn’t make any reference to the requirement of a Schedule of Condition in the first place. 

Instead, Schedule of Condition reports are one of the areas of the party wall surveying procedure where it has been implemented as a matter of professional expertise and experience, and potentially a shortfall in Act’s drafting, or wording. 

In any event, almost all of the leading government bodies recommend a surveyor undertake some level of pre-work Schedule of Condition report as ultimately, without it, there is going to be incredibly limited input and scope that the surveyor can deal with. They would also have a limited understanding of the pre-work condition, of any at all! And a limited understanding of the lay of the land itself. 

In our opinion, Schedule of Condition Reports are a necessary undertaking pre-work, as they not only ensure that the adjoining owner’s property is well recorded and documented prior to the building owner’s work commencing. They also ensure that the surveyor or whoever is acting on behalf of the adjoining owner is able to fully accommodate themselves with the lay of the land which ultimately leads towards better understanding of the proposed works and generally speaking, a more robust Party Wall Award.  

With that in mind, it would unfair or unreasonable for a surveyor to undertake a Schedule of Condition pre-works offering their expertise and offering their advice on the condition, to then burden an adjoining owner with the need to undertake their own check off inspection post-work. 

Ultimately, an adjoining owner has the right to appoint a party wall surveyor to act as their representative, which ultimately means that they are able to rely on that surveyor’s professional advice, input and opinion. That shouldn’t change post work. 

It also begs the question of the purpose of a thorough pre works Schedule of Condition being undertaken by Surveyors, to then not follow up on this post work. 

Here at Stokemont, we are firmly of the view that a post-work Schedule of Condition is not only fair and reasonable, but also a sound and acceptable expense for a building owner to incur in the agreement and resolution of the party wall surveying procedures. 

If you would like to discuss your party wall surveying requirements with us, or perhaps find yourself in a similar situation whereby a return inspection is being refused, or perhaps it is being disputed as an unnecessary cost. Get in touch with us today and we will be more than happy to discuss your property’s specific issue and best advise.