Party Wall Services

BUILDING OWNER

If you are a Building Owner planning to carry out building works on your property that might be covered by the Party Wall Act we would strongly recommend that you have your plans checked by a suitably qualified and experienced party wall surveyor before work starts.

We strive for an early involvement and a proactive approach. This allows us to help building owners undertaking work manage any risk and liability. It also allows for early advice to neighbours on how best to protect their property during proposed works.

If your construction work falls within the scope of the Party Wall Act. It is your legal obligation to serve the required statutory notice on all those defined in the Act as adjoining owners. (neighbours effected by the works) You are required to serve the Party Wall Notice of a minimum of one month prior to commencing works, however if the works are of a structural nature you will be required to serve the Party Wall Notice of a minimum of two months prior to commencing works.

Section 1

Building on or up to a boundary shared with another property

Section 2

Work on an existing wall, floor or ceiling structure shared with another property

Section6

Excavating within 6 meters of neighbouring building or structure

If you need guidance on whether the Act applies to the work you are planning please send us the plans. One of our surveyors will check the proposed work and clarify whether it comes within the scope of the Act.

ADJOINING OWNER

We advise neighbours (Adjoining Owners) on what to expect and how their own property should be protected during proposed works and what Party Wall rights you have.

The building owner planning to undertake work must comply with the provisions of the Act. No matter the extent of work, if it affects a shared structure the Party Wall Act provides important rights and protections for neighbours affected by building works.

The Building Owner has a duty to notify you in advance of work starting. This is processed by a Party wall Notice. Restrictions can be imposed on when noisy works are undertaken. The Act also provides a mechanism for resolving disputes if damage occurs for instance. This is carried out by a Schedule of Condition Report and is desirable as it can assist in identifying and attributing any damage to adjoining properties.

As an Adjoining Owner, you have the right to:

Appoint a surveyor to resolve any dispute.
Require reasonable necessary measures to be taken to protect their property from damage and for their security.
Not to endure any unnecessary inconvenience.
Be compensated for loss or damage caused by building works.
Request security for expenses before work starts under the Act. This is to guard against any potential loss, such as if works are not completed for instance.

When the Adjoining Owner receives the Party Wall Notice, the Adjoining Owner becomes aware of the neighbour’s proposed works. They then have the power to consent or dissent to the notice. If no response comes after 14 days, the notice dissents, and parties conflict with the Act.

We advise at pre-planning stage on likely issues including where the Party Wall Act applies. This includes advice on the strategic approach for dealing with neighbouring properties. We also advise on rights of access with respect to crane oversail or scaffold access agreements and licences for instance.

AGREED SURVEYOR

The Agreed surveyor is appointed in response to the Party Wall Notice which is served to the Adjoining Owner. They are given three options to respond.

Either they accept the notice
Or they dissent the notice and appoints an Agreed surveyor
They could also dissent the notice and appoint a Party Wall Surveyor of their own choice

If the Adjoining owner chooses the second response, then the Agreed Surveyor is appointed.

Section 10 of the Party Wall Act explains the appointment of an Agreed Surveyor. It states that when a dispute occurs, both parties will agree upon appointing one surveyor, or each party can appoint his surveyor. If one surveyor is accepted and appointed by both parties, he will act as an Agreed Surveyor.

PARTY WALL NOTICES

Under the Party Wall Act a building owner must serve a Notice before starting building works on an existing party wall or near the boundary.

We can advise you if a Party Wall Notice needs to be served and which notices are applicable. We can also serve them for you if you require us to do so. This will ensure that there are no complications in the future with notices that have been served incorrectly.

It is preferable to serve a notice as soon as possible within a year of getting it to prevent delays. First, speak to them face to face before taking any action. That will help keep misunderstandings and conflicts to a minimum.

Once the Party Wall Notice has been served, the adjoining owner has 14 days towill have the right to select one of three Party Wall Notice responses:

Consenting to the Party Wall Notice or notifiable construction works, means you do not require any of the Party Wall Surveying procedures set out below, to be implemented. The building owner will then be free to commence the construction works, without any further Party Wall Surveyor input.

HAVE YOU BEEN SERVED A PARTY WALL NOTICE?

Once the Party Wall Notice has been served, the adjoining owner will have the right to select one of three Party Wall Notice responses:

Consenting to the Party Wall Notice or notifiable construction works, means you do not require any of the Party Wall Surveying procedures set out below, to be implemented. The building owner will then be free to commence the construction works, without any further Party Wall Surveyor input.

Dissent And Appoint A Party Wall Surveyor To Act On Your Behalf

Dissenting to the Party Wall Notice will mean that you appoint a Party Wall Surveyor to represent your own property, ensuring you are protected against cost and damages in relation to the notifiable works. Your QCBS Party Wall Surveyor will look at the construction works from the perspective of your property ensuring the risks are low. With this option, the building owner would also need to appoint a surveyor on their behalf.

Dissent And Appoint An Agreed Party Wall Surveyor

This option is similar to the second Party Wall Notice response, however the only difference is, one Party Wall Surveyor acts impartially on behalf of both the (Building Owner) and the neighbour (Adjoining Owner). In the event of a dissent, this is likely to be the most cost and time effective response for you.

SCHEDULE OF CONDITION

According to the Party Wall etc. Act 1996. a schedule of condition should be prepared prior to commencing construction on a current party wall, structure or any adjacent excavation works.

Our Schedule of Condition report is a comprehensive inspection undertaken prior to neighbouring construction works. The Report will be held on account and referred back to in the event of damage being caused.

The purpose of the schedule of condition is two-fold. Firstly, it acts as a point of reference, in the event that building works cause damage to a neighbouring property. Secondly, it protects the instigator of the building works, from spurious claims of damage from third parties.

Full digital annotated report with full photographic record of those areas of the property in close proximity to where the works are being undertaken. These images will form part of the surveyor’s report and be held on account and referred to in the event of any issues.

This report records the condition of the neighbour’s property. Having this prepared in advance of work starting is vital.

It avoids disagreements between the parties on whether damage has been caused as a result of the works.

PARTY WALL AWARD

The Party Wall award is a final legal document that clarifies the owner’s rights and responsibilities, prompting building works and legitimate proprietors of the nearby property. The award only permits the work to be done that is covered by the
Party Wall etc. Act 1996.

The surveyor (or surveyors) will settle the dispute by making an ‘award’ (also known as a ‘party wall award’).

This is a document which sets out:

The work that will be carried out
Working hours for the Party Wall Notifiable construction works
Specifies any additional work required (protective measures to prevent damage for instance)
It usually contains a record of the condition of the adjoining property before the work begins. This is desirable as it can assist in identifying and attributing any damage to adjoining properties.
Allows access for the surveyor to inspect the works while they are going on as may be necessary, to ensure they are in accordance with the award

The Award is a legal binding document and must not be confused for a Party Wall Agreement which is not legally binding.

Party wall awards are planned for the easiness of adjoining owners and to avoid party wall disputes. This allowed document has the power to convince and agree both landlords to settle on outcomes based on fairness and impartiality. Thus, following the procedure and keeping the award safe can save you from unnecessary chaos.