In today’s property surveying blog post, we thought we’d look at the typical Party Wall Surveying questions we find ourselves asked on a daily basis!
Do I Need To Serve A Party Wall Notice?
Yes, from a legal perspective, you will need to serve a Party Wall Notice upon the adjoining owner if your planned construction works fall within the realm of the Party Wall etc Act 1996.
We have a dedicated page on our website titled ‘What are Party Wall Works’ where you can take a closer look at the typical type of construction works that fall within the realm of the Act.
Be sure to fully accommodate yourself with these, or speak with one of our Party Wall Surveyors to ensure the correct Party Wall Notice service procedures are followed.
Can I Serve the Party Wall Notice Myself?
Yes, a Party Wall Notice, while being a legal document, does not need to be served by a legal practitioner.
You do indeed have the legal right to serve the Party Wall Notice yourself directly upon the adjoining owner.
We have a free Party Wall Notice creator on our website, if indeed you would like to serve Party Wall Notice yourself.
When Should I Serve a Party Wall Notice?
If you are certain and sure that you are going to be undertaking the planned construction works to your property, with those works falling within the realm of the Party Wall etc Act 1996. We would advise that you serve Party Wall Notices as soon as possible.
This will not only cut into the statutory notice periods that come with Party Wall Notice service, it will also cut into the natural professional timings, that can come with the agreement of a Party Wall Award.
Can I serve my own Party Wall Notice?
Yes. While the Party Wall Notice is a legal document a building owner is well within their rights to serve it themselves.
That being said we would advise careful consideration is given to DIY Party Wall Notice service.
We tend to only advise it is used when the relations with the adjoining owner are very good and they are well abreast of the planned construction works.
If the building owner and adjoining owner have not had a great deal of discussion about the works or any at all.
Do I have to serve a Party Wall Notice in advance of my works?
Yes. From a legal perspective, if your planned construction works fall within the realm of the Party Wall etc Act 1996, you will have the legal duty and responsibility to serve a Party Wall Notice upon the adjoining owner prior to those planned works commencing.
It is important to note that Party Wall Notice service does carry with it statutory notice periods.
In layman’s terms, this means that notices need to be served a minimum of one month, or two months, prior to those planned works commencing.
Failure to serve Party Wall Notice can result in adjoining owners’ obtaining a court injunction stopping the works.
We would therefore, very much advise that the necessary, and all important legal steps are taken in the run up to your planned construction works.
What happens if an adjoining owner ignores my Party Wall Notice?
If an adjoining owner ignores the Party Wall Notice, or doesn’t respond to the Party Wall Notice, the building owner will need to serve a further follow on Party Wall Notice upon them.
This Party Wall Notice is commonly referred to as a Section 10(4) Notice.
Ultimately the Section 10(4) Notice will give the adjoining owner a final 10 days to respond.
If the adjoining owner does not respond within that period, the building owner will then be in a legal position to appoint a party wall surveyor on their behalf, that party wall surveyor acting as if the adjoining owner had appointed them in the normal manner, going through the necessary procedures to administer the Party Wall etc. Act 1996 and ultimately agree a Party Wall Award.
We would advise that a party wall surveyor prepare and serve that Party Wall Notice.
The benefit here being that it gives the adjoining owner a point of contact and call to reach out to and discuss planned construction works and party wall procedures as a whole.
This takes away the scenario whereby they may look elsewhere and particularly at another party wall surveyor to seek that advice, that advice often leading up to a Party Wall Notice dissent.
What are the Party Wall Notice Responses?
There are there different types of Party Wall Notice responses that are open to an adjoining owner.
Consenting to the Party Wall Notice
Consenting to the Party Wall Notice will mean that the adjoining owner reserves the protections that the Party Wall etc. Act 1996 affords them.
Importantly the building owner will be given the legal right to progress the works without having to go through any further party wall surveying formalities.
Dissenting to the Party Wall Notice and appointing their own party wall surveyor
Dissenting to the Party Wall Notice and appointing their own party wall surveyor will mean that the adjoining owner wants the protections afforded to them by the Act implemented.
These protections are commonly going to include the review of the works from the perspective of a party wall surveyor and from the perspective of the adjoining owner’s property. A pre-work Schedule of Condition report will be undertaken and ultimately the agreement of a Party Wall Award will take place.
If the adjoining owner selects this option the building owner will also need to appoint their own party wall surveyors with those two respective party wall surveyors agreeing the Party Wall Award.
Dissenting to the Party Wall Notice and appointing an agreed surveyor
If an adjoining owner selects this option they will be allowing the use of a single party wall surveyor to act on both their behalf and the building owner’s behalf.
That single party wall surveyor referred to as the agreed surveyor will follow all of the same procedures that two surveyors would, the only difference being that the Award will be agreed wholly by that single party wall surveyor.
What is a Schedule of Condition Report?
The Schedule of Condition report is one of the key parts of the party wall surveying procedure, and is a pre-works record of the adjoining owner’s property.
The Schedule of Condition report will see a party wall surveyor visit all parts both internally and externally of the adjoining owner’s property that are in close proximity to the building owner’s planned construction works.
The surveyor will not only undertake a full photographic record, but will also undertake a full written record of the condition of the adjoining owner’s property pre-works.
Should there be any allegation of damage during or post construction work, this Schedule of Condition report will effectively act as a record of proof.
Giving both the building owner and the adjoining owner, the all important information to ascertain and confirm if that alleged damage was existing in the pre-works condition, or is new in the post-work condition.
Schedule of Condition reports are one of the most typical and common services that we undertake here on a daily basis.
Who Pays for the Party Wall Surveying Costs?
In all normal circumstances it will be the building owner who pays for the party wall surveying costs.
However, it is worth noting that it is for the party wall surveyor to determine and apportion the necessary fees and costs, that are incurred through the administration of the Party Wall etc Act 1996.
However, do not be alarmed by this, this is merely the Act ensuring that there is a proper framework in place to reasonably manage fees and costs.
We can categorically confirm here at Stokemont, that there has never been a situation or scenario whereby an adjoining owner has indeed been responsible for a party wall surveyor’s fee.
How Long do Party Wall Surveying Procedures Take?
Giving fair and reasonable estimates on the time that it will take for the party wall surveying procedures to be administered and concluded is always difficult.
It will very much depend on how soon Party Wall Notices are served, the number of adjoining owners they are served upon, and ultimately the response options that the adjoining owners’ select.
To give a general understanding, Party Wall Notices have up to a full calendar month response time for an adjoining owner to respond.
If indeed an adjoining owner dissents to the Party Wall Notice, it can then usually take anywhere from two to sixteen weeks for Party Wall Awards to be agreed, depending on their complexity.
Do I have to pay for the Party Wall Surveying Costs?
Yes. In all normal circumstances, it is the building owner who is responsible for the party wall surveying costs and fees.
It should be noted that party wall surveying fees have a legal responsibility to be deemed reasonable.
If indeed you would like to discuss your planned works and the likely costs and fees surrounding those in greater detail, we would advise getting in touch with a party wall surveyor or hopefully our party wall surveyors, to discuss these in a little bit more detail.
How do I start the Party wall Surveying Procedures?
Party wall surveying procedures formally commence upon the service of a Party Wall Notice.
The Party Wall Notice, formally invoking the Party Wall etc Act 1996 upon the adjoining owner to whom it has been served.
Once the Party Wall Notice has been served, the statutory notice periods, as set out by the Act also commence, and are effectively ticking down to the adjoining owner’s Party Wall Notice response.
How soon after I serve the Party Wall Notice can I start the works?
This will very much depend on the type of construction works that are taking place as different works carry with them different statutory notice periods.
Statutory notice periods range from one month to two months.
However, it is important to also note that the Party Wall Notice response will be very much be in the hands of the adjoining owner.
Until an adjoining owner has responded to the Party Wall Notice, the building owner will be unable to progress the planned works.
If indeed, the adjoining owner opts to consent to the Party Wall Notice, the building owner will be able to progress the works without further delay or statutory procedure.
Alternatively, if the adjoining owner opts to dissent to the Party Wall Notice. The party wall surveying procedures will need to be adhered to. Including site inspection, surveyor review, and ultimately the agreement of a Party Wall Award. The award giving the building owner the legal right to progress the works, and ultimately giving the adjoining owner the necessary protections as set out by the Party Wall etc Act 1996.
Timings are always going to be difficult to estimate, as ultimately, they are set out by adjoining owner response periods and the type of response the building owner receives.
What Happens if I Don’t Agree with my Party Wall Surveyor?
In the event that you have a disagreement, or fall out with your Party Wall Surveyor, fear not, the Party Wall etc. Act 1996 has taken this into account.
If the Party Wall Surveyor is acting as an Agreed Surveyor, you will need to request the Surveyor’s complaint handling procedure, commonly referred to as a C,H,P.
The Surveyor will then be bound by their governing body to respond and resolve any dispute that may have arisen with you.
If the Party Wall Surveyor is acting wholly on your behalf, with a separate Party Wall Surveyor having been appointed for the neighbouring owner, then the first thing those two respective Party Wall Surveyors would have done at the start of the Party Wall Surveying procedures is to select a Third Surveyor.
The Third Surveyor’s role is to effectively resolve any disputes that may arise between the owners, or the Surveyors, or any combination of those.
You can therefore approach the third surveyor with the point of disagreement asking for them to resolve it.
It is important to note, we would tend to advise only serving Party Wall Notices upon the adjoining owner yourself, if indeed they are well aware of your forthcoming works, discussions have been had, and they are likely to give a favourable consent to the Notice.
If the neighbouring owner is not aware of the planned works, and there have not been a great deal of discussions.
Using a party wall surveyor to serve the Party Wall Notice, will give them an all-important point of contact to reach out to, should they have any construction works questions or Party Wall questions they require answering.
If you would like to discuss these questions, or perhaps ask your own! Give us a shout today
