In this weeks party wall surveying blog post, we are going to be discussing the party wall procedures, and in particular, what will happen if a Party Wall Agreement, or Party Wall Award is not in place in advance of the construction works commencing.
The aim of the Party Wall Etc Act 1996 is to ensure that the building owner’s proposed construction works are considered from the perspective of the adjoining owner’s property, ensuring that they are of minimal risk as possible, whilst also ensuring that procedures and steps are taken pre-works to ultimately protect both the building owner and adjoining owner respectively.
One of these procedures is for a Schedule of Condition inspection and report to be undertaken by a Party Wall Surveyor of the adjoining owner’s property pre-construction works.
With the ultimate outcome being a robust record of condition of the adjoining owner’s property, setting out each and every defect, or imperfection, thereby making it incredibly easy and transparent to identify any new damage.
The benefit of this, is should an allegation of damage be made, it will be simple and straightforward for the owners, or the Party Wall Surveyor, to determine if that damage is new, and then all importantly, a result of the building owner’s proposed construction works.
Following on from that, a Party Wall Agreement, also legally referred to as a Party Wall Award will be agreed to, and served upon the respective owners.
The Party Wall Award will ultimately govern the building owner’s proposed construction works, setting out various different principles and procedures that the building owner needs to comply with during the course of the construction works.
Importantly for an adjoining owner, the existence of the Party Wall Award also gives added legal protection, in the form of cost protection against any potential issue that arises as a result of the building owner’s proposed works.
The benefit to an adjoining owner in the existence of the Party Wall Award, means that should an issue arise, rather than having to go through the common, or civil law procedures, all they will need to do is get in touch with the Party Wall Surveyor(s) who prepared and agreed the Party Wall Award, and ultimately those surveyors will be duty bound to assist.
Party wall procedures can be incredibly simple, but in that same breath can also be very complex. Therefore, we would always advise fully discussing the party wall procedures with an experienced team of Party Wall Surveyors in advance of the works commencing to ensure you get the best advice.
