Party Wall Neighbourly Considerations
If you’re planning or undertaking construction works to your property and are in the process of considering how to approach the party wall procedures, we thought we would set out a few observations that we’ve picked up over the years that have always helped a building owner best achieve a favourable response from an adjoining owner.
Party Wall Notice Consent is Rare
The first thing to remember is that obtaining a consent to a Party Wall Notice is actually a relatively rare response these days.
Adjoining owners will usually take a protective view of their property, whether they live there or not, ultimately ensuring that it has the full protection that the Party Wall Etc Act 1996 affords it, reducing and avoiding the risk of damage through the agreement of a Party Wall Award.
It’s Rarely Personal
It is also important to bear in mind that an adjoining owner dissenting to a Party Wall Notice for a principle, or personal reason, is actually quite rare.
Instead, as confirmed above, it is likely they will just be taking a protective view and ultimately considering the construction works from a perspective of their own property. After all, it’s probably one of their most expensive assets.
Go the Extra Mile
If you are on good terms with the neighbour, we would always advise hand Party Wall Notice service.
The benefit of Hand Party Wall Notice service is you not only get the formalities and validities that a surveyor’s Party Wall Notice gives you, but by serving it yourself and by hand, you are also giving yourself the chance to introduce the party wall surveying procedures in the most neighbourly and friendly way possible.
Keep Them Informed
More often than not, adjoining owners are often flustered or confused as to why the building owner’s didn’t contact them directly to explain the party wall procedures and the forthcoming Party Wall Notice.
In many cases, a simply neighbourly discussion, or over the fence chat, can go a long way to alleviate concern and build a bridge for the party wall surveying procedures.
Consider their Observations
We would also advise putting yourself in the shoes of the adjoining owner and try to consider as many of their issues or points as reasonably possible.
For example, you are planning to build a new wall up to the boundary line, it is always good to make sure that the adjoining owner knows exactly what the finish of that wall will be at the earliest date possible, as that will avoid them undertaking Google searches and finding many concerning images of unsightly walls, which could lead them to concerns that needn’t be there.
There is of course a thin line to balance here, as you don’t want to overpromise what you can change or consider, as there may be requests that are too significant to address. For example, in the past we’ve seen adjoining owners request the location of the wall is changed.
Know the Construction Information
Another point to discuss at the earliest opportunity is access. If the works you’re planning on undertaking afford you the legal right of access onto the adjoining owner’s land, we would advise discussing these provisions with the adjoining owner as soon as possible.
The better informed they are on the finer points such as this, the more likely they are to be understanding, or at the very least, give you a chance to respond to some of the queries or issues they may have.
Know the Hours and Days of Work
Along with access, we would also advise discussing working times and hours of work with the adjoining owner.
Ultimately if they do live there, or perhaps their tenant lives there, they will ultimately want to know that they are considered in some shape or form, and that they’re not going to have to put up with the normal banging and clanging that comes with construction works for any longer than required.
In the past, we’ve seen adjoining owners ask for concessions or breaks for noisy works in the day. This could be as simple as downing tools half an hour earlier on a Friday, or perhaps starting half an hour later on a Saturday.
The reality of this type of concession is relatively minor on the duration of the project, however, can go a long way to encourage a favorable Party Wall Notice response, and ultimately moves towards the best possible outcome to the Party Wall Notice.
Considered Party Wall Surveyor Selection
We would also advise ensuring that the party wall surveyor you do eventually select to serve your Party Wall Notice is able to adequately reassure and discuss the work and party wall procedures, in an informed patient and thorough manner.
This will be important should the adjoining owner contact them directly to discuss the proposals. As the building owner, you will want to ensure that your party wall surveyor is capable and able of reassuring your neighbour, as ultimately, what your neighbour thinks of your surveyor could very much affect their Party Wall Notice response.
This comes back to an old saying of “you get what you pay for”. If you’re perhaps going to select the cheapest party wall surveyor you can find via a Google search, while they may have met your requirements in terms of a cost-effective service, they may not be best placed to handle an adjoining owner’s concerns or issues.
Ultimately if they are not able to do this, all that will happen is that the adjoining owner will seek the assurances they require elsewhere, and ultimately that will present itself in the form of an adjoining owner surveyor appointment.
Party Wall Surveying procedures are simple on paper, however, with a number of moving pieces, including surveyors, party wall works, building owners, adjoining owners, properties, contractors, architects and engineers, it doesn’t take too much to go wrong before things can really start to get out of kilt.
If you would like to discuss your party wall proposals with our team of qualified and experienced RICS Chartered Surveyors, give us a call today and we will be more than happy to assist you.