In today’s Property Surveying blog post topic, here at Stokemont, we are going to be looking at party wall procedures.
In particular, we are going to be taking a closer look at the Party Wall Notice responses that an adjoining owner has open to them once the building owner, or building owner’s agent as served their Party Wall Notice upon them.
Party Wall Notices will commence the party wall procedures, and from a legal perspective will give the adjoining owner the legal right to select one of three response options.
These response options are set out by the statute, and will apply to each and every Party Wall Notice that is served.
We are going to be taking a closer look at these Party Wall Notice response options so that adjoining owners are fully informed in respect of the procedures that follow post a Party Wall Notice being served upon them.
Party Wall Notice Consent
Consenting to a Party Wall Notice means that the adjoining owner will reserving the protections that the Party Wall etc. Act 1996 affords them.
Importantly, in selecting a consent, the party wall surveying procedures will not be administered or followed, with the building owner being free to progress their proposed construction works without further delay or procedure.
Selecting this option will mean that the adjoining owner does not gain the benefit of any of the Party Wall etc. Act 1996’s protection, commonly this would include the input of a party wall surveyor reviewing the works from the perspective of the adjoining owner’s property.
Dissenting to the Party Wall Notice and appointing their own party wall surveyor
If the adjoining owner dissents to the Party Wall Notice and appoints their own party wall surveyor, that party wall surveyor will then be duty bound to review the works from the prospective of the adjoining owner’s property.
The party wall surveyor’s review will ensure that the risks associated with the works both short term and long term, are as low as they can possibly be.
Common procedures to reduce the risk associated with the work but to keep with the building owner’s proposed construction works are to;
Undertake a schedule of condition report of the adjoining owner’s property prior to the works commencing;
Undertake a post work schedule of condition report once the building owner’s construction works are complete to check off the original record and ensure no damage has occurred;
Agree a Party Wall Award which not only governs the building owner’s proposed construction works, it also offers the adjoining owner legal protection in the event of issue or damage.
Dissenting to the Party Wall Notice and appointing an agreed party wall surveyor
This option is very much the same as party wall response option 2. However, unlike option 2, there will be a single jointly appointed party wall surveyor acting on behalf of both the building owner and the adjoining owner.
The party wall surveyor’s role will be to undertake all of the same duties as if there were two surveyors, the only difference obviously being that there is one.
Typically, here at Stokemont we tend to find ourselves asked how a single jointly appointed party wall surveyor can act impartially.
The best way to look at this, is that the party wall surveyor acts on behalf of the properties, as opposed to the owners.
The agreed party wall surveyor will undertake the same steps that the two party wall surveyors would have, the only difference being he or she will do it on their own.
As with Party Wall Notice response option 2, a Party Wall Award will also be agreed.
Party wall surveying procedures can often be a confusing time for both building owners and adjoining owners alike.
For an adjoining owner, in many cases to receive a Party Wall Notice bundle which would often include cover letters, Party Wall Notices and a pack of drawings, can be a confusing and worrying time.
Here at Stokemont, we would advise carefully considering the building owner’s proposals and looking at them from the perspective of how they will affect your property.
It is important that adjoining owners note that the party wall procedures are facilitating, and very much about minimising both risk, nuisance and damage to the adjoining owner’s property.
A good party wall surveyor will do this through careful review, along with the introduction of protective provisions to best safeguard their appointing owner’s property.
If you would like to discuss your party wall surveying procedures with us, please feel free to give us a call today and we will be more than happy to provide you with 30 minutes free party wall surveying advice in the hope that you can fully understand the procedures as a whole.
