In this week’s Property Surveying blog post topic we are going to be taking a look at party wall surveying procedures.
In particular, we are going to be looking at the three response options that are open to an adjoining owner once they have been served with a Party Wall Notice.
Party Wall Notices apply to almost all types of works that are taking place to residential properties in England and Wales. Party wall procedures will also apply to all other forms of property such as commercial, industrial and agricultural.
While the Act’s procedures are wide in their scope the Act itself is specific on the type of works that require a Party Wall Notice to be served.
These are set out in 3 distinct options.
Building a wall up to, or astride the boundary line.
If the building owner is planning on building a wall up to, astride, or in close proximity to the boundary line, then under Section 1 of the Party Wall etc. Act 1996, they will have a legal duty to serve a Party Wall Notice upon the neighbouring owner, known as the adjoining owner, in advance of the works commencing.
The Party Wall etc. Act 1996 requires that the Party Wall Notice under this Section is served a minimum of one month in advance of the proposed construction works commencing.
Works directly to a party wall, party structure, or party fence wall.
If the building owner is planning on undertaking works directly to a party wall, a ceiling or floor (within a flat), or to a garden party wall, the Act requires that they serve a Party Wall Notice upon the adjoining owner.
Party Wall Notice under Section 2 of the Act requires a minimum of a 2 month statutory notice period.
Excavations within 3m or 6m of a neighbouring structure.
If the building owner is planning on undertaking any excavation works that are both within 3m, or 6m of any neighbouring structure, or owner, with those excavations being deeper than the neighbouring owner’s foundations. The Party Wall etc. Act 1996, and in particular Section 6, requires that a building owner serve a Party Wall Notice upon their adjoining owner a minimum of one month prior to the party wall works commencing.
Party Wall Notices have a minimum of a 14 day statutory notice period, which effectively means that the adjoining owner has 14 full calendar days to consider their Party Wall Notice options and respond.
Should the adjoining owner fail to, not, or forget to respond within those 14 days, the building owner would then have the legal right to serve a further Party Wall Notice upon them giving them a final 10 statutory calendar days to respond.
It is worth noting, that case law and good practice require the building owner give the adjoining owner a further 2 days on each of the respective Notices that are served, allowing for postage in which the Party Wall Notice would actually physically be sent to the adjoining owner.
Upon receipt of a Party Wall Notice, an adjoining owner will have 3 response options. These response options are set out as follows.
Consenting to the Party Wall Notice.
If an adjoining owner chooses to consent to the Party Wall Notice they are effectively reserving the legal rights that the Party Wall etc. Act 1996 affords them.
This will effectively mean that the building owner is free to progress their works without any further procedural delay.
This is by far the most favourable option and outcome for a building owner as it not only means they don’t have to incur any further cost associated with the party wall procedures, however they also don’t need to suffer for any delays while the party wall procedures are administered.
It is important to note that should an adjoining owner select this option, they are effectively not going to gain the benefit of any input from a party wall surveyor, and will also not gain any of the protections that the Act affords them.
Dissenting to the Party Wall Notice and Appointing Their Own Surveyor.
The second option that an adjoining owner has at their disposal is to dissent to the Party Wall Notice and appoint their own party wall surveyor.
Should they select this option, they will effectively be requesting that the party wall surveying procedures are administered. With the ultimate outcome being a Party Wall Award.
Party Wall Award, which is also commonly referred to as a Party Wall Agreement by the general public, is a legal document which will provide the adjoining owner with protection above and beyond common law.
The award will not only govern the building owner’s party wall works, it will also deal with the procedures that need to be administered in the event of any initial damage occurring to the adjoining owner’s property.
Dissenting to the Party Wall Notice and Appointing an Agreed Surveyor.
The third and final option that an adjoining owner has at their disposal is to dissent to the Party Wall Notice and agree in a single party wall surveyor acting on behalf of both the building owner and the adjoining owner.
The party wall surveyor will undertake all of the same duties that he would have undertaken if he was acting wholly on one of the owners parts.
The only difference, that he or she will act jointly and impartially for both respective owners.
One of the most common questions owners will ask, is how a party wall surveyor can act impartially.
Our take on it here at Stokemont, is that party wall surveyors very much act for the properties, as opposed to the owners.
They are also governed by the wording of the Party Wall etc. Act 1996, and therefore are in effect acting in the best interests of the Act, as opposed to their appointing owners.
It is a relatively difficult position for many owners to understand, as a party wall surveyor’s role is very close to a solicitors.
Solicitors of course acting in the best interests of their clients. Whereas a party wall surveyor will very much act in a manner befitting the wording of the Act.
Party Wall surveying procedures are often confusing and complicated for both building owners and adjoining owners to understand and get their heads around. Here at Stokemont we pride ourselves on our experience, frequency of party wall surveyor appointments and the overall wider construction knowledge that our surveyors have the benefit of.
If you would like to discuss how we can be of assistance to you on your surveying matter, give our team of experienced and qualified surveyors a call today and we will be more than happy to assist and advise you.
