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The Party Wall etc. Act 1996 covers all properties within England and Wales and governs 3 particular types of construction work.
1. Building on or up to a boundary shared with another property
2. Work on an existing wall, floor or ceiling structure shared with another property
3. Excavating within 6 meters of neighbouring building or structure.
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With years of experience and a wealth of knowledge, we provide unbeatable service and expertise. From complex disputes to simple agreements, Icon Surveyors have the skills and experience to ensure your party wall issues are resolved quickly and efficiently. Don’t take any chances when it comes to your property – trust the experts at Icon Surveyors to get the job done right!
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The Party Wall etc. Act 1996
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 affected by the works) You are required to serve the Party Wall Notice 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 a minimum of two months prior to commencing works
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Party Wall Notice Response Options
Once your Party Wall Notice is served the adjoining owner will have three response options:
1. Consent To The Party Wall Notice
This means that the adjoining owner reserves the protections of the Party Wall etc Act 1996, allowing the you (building owner) to commence with your proposed construction work.
2. Dissent And Appoint A Party Wall Surveyor To Act On My Behalf
When adjoining owner’s dissent to Party Wall Notice’s they are invoking the formalities and protections set out by the Party Wall etc Act 1996. Choosing to appoint their own Party Wall Surveyor, will make the building owner duty-bound to appoint a Party Wall Surveyor, the two appointed Party Wall Surveyors will follow the required procedures and agree a Party Wall Award legally protecting both owners.
3. Dissent And Appoint An Agreed Party Wall Surveyor
This option mirrors the second Party Wall Notice response. The only difference being, one Party Wall Surveyor acts impartially on behalf of both yourself (building owner) and the adjoining owner.
Party Wall Surveyors Role
Expert Consultation
Our Party Wall Surveying experts guide you through your construction project, ensuring compliance with the Party Wall Act while streamlining the process and minimising disputes.
Serving Notice
We prepare and serve clear, concise, and legally compliant Party Wall Notices, enhancing the chances of gaining consent from your neighbours while outlining the project’s impact.
Surveyor Appointment
If adjoining owners request a surveyor, our skilled Party Wall Surveyors represent your interests and collaborate with others to ensure fair and impartial resolutions for both parties.
Crafting the Party Wall Award
Our surveyors carefully assess proposed works and draft a thorough Party Wall Award, providing you with peace of mind and confidence to move forward with your project.
Monitoring and Ensuring Compliance
Our Party Wall Surveyors monitor construction progress, ensuring compliance with the Party Wall Award, and verifying proper completion without damage to adjoining properties.
FAQs
How do I start Party Wall Surveying procedures?
Party Wall Surveying procedures start upon service of a Party Wall Notice. This Notice will need to be served a minimum of 1 or 2 months in advance of the proposed works commencing, however, here at Icon Surveyors, we advise serving the Party Wall Notices as soon as possible.
Party Wall Notices can be served directly by a Building Owner however, we recommend a Party Wall Surveyor serves them, this will ensure the legal validity and avoid delay down the line. This also confirms to the neighbour that professionals are involved, and will make it more likely to get an agreement.
Who pays for the Party Wall Surveyor?
In most circumstances, the Building Owner will pay for the Party Wall Surveyor’s reasonable fees.
There are some scenarios the Party Wall Surveyor’s / Surveyors’ costs may be apportioned between both the Building Owner and Adjoining Owner.
We advise discussing fees with your Party Wall Surveyor in advance of instruction this will ensure you are fully informed.
Here at Icon Surveyors, our Party Wall Surveying costs are fixed.
How long does the Party Wall Process take?
The time to complete Party Wall Surveying Procedures can vary depending upon a number of different variables including:
- The construction works.
- Party Wall Notice, response times.
- Access is granted, to undertake the Schedule of Condition Report.
- Party Wall Surveyors handling the file
- Surveyors agreement to clauses within the Party Wall Award
Generally speaking, 1 – 3 months from the point at which the Party Wall Notices are served upon the Adjoining Owner.
How much do Party Wall procedures cost?
Party Wall Surveying costs / Surveyor’s fees will vary dependent on the construction works taking place as well as the types of property the works are being undertaken on.
Here at Icon Surveyors, both our Building Owner Party Wall Surveyor and Agreed Party Wall Surveyor jobs are competitively priced at a fixed cost.
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