The Party Wall Act provides a framework to resolve any dispute resulting from construction works to a party wall or excavations within 6 meters of a neighbouring property. Party wall surveyors are considered specialists who are appointed in order to resolve deemed disputes within the Party Wall etc. Act 1996, between the Building owners undertaking works and the neighbouring properties.
Party Wall Surveyors Role
Party wall surveyors could be any individual that is not considered an owner or adjoining within the remit of the Party Wall etc. Act 1996.
When choosing a Party Wall Surveyor, ensure they are both experienced and qualified, please keep the following points in mind.
- Party Wall Surveyors, must act impartially.
- Section 10 of Party Wall etc. Act 1996, confirms a person, being appointed as a ‘surveyor’ need not have experience or qualifications, in order to act as a surveyor. With this in mind it is important to look around and appoint someone who is both experienced in construction and has adequate knowledge regarding the procedures of the Party Wall etc. Act 1996.
- Party Wall Surveyors, only act in pursuance to the Act.
Party Wall Agreement and Party Wall Notice
Party Wall Agreement
A professional appointed by the Building Owner and the Adjoining Owner is known as the Agreed Surveyor. The Agreed Surveyor will prepare the Party Wall Agreement, in turn resolving the dispute between the parties.
The Party Wall Agreement is legally binding and usually includes the following points...
- Structural information for proposed works.
- How the works will be undertaken.
- Protection measures.
- Additional work that may be required.
- Access statements, for contractors to adhere to.
- Method statements.
- Dispute resolution, in the event damage to the adjoining owner’s property, occurs.
- Drawings specifying the construction works.
- Security for Expenses. (if applicable)
- Enclosure Costs. (if applicable)
A Party Wall Agreement is served upon completion of the party wall surveying process. There is a 14-day appeal period, in which either owner can appeal the Agreement. Once complete the Building Owner (who proposed the construction work) can proceed with the construction works ensuring they adhere to the specifications within the Party Wall Agreement.
Party Wall Notice
Party Wall Notice can be served prior to or post to appointing a Party Wall Surveyor. The notice needs to be addressed to the legal owner, of the adjoining property.
Within the Party Wall etc. Act 1996, there are three types of Party Wall Notices.
3 Types of Party Wall Notices
- Line of junction Notice
- Party structure Notice
- Adjacent excavation Notice
Upon receipt of a Party Wall Notice, the Adjoining Owner may consent or dissent to the proposed construction works. This will need to be in writing, as a verbal answer is not considered a response. The adjoining owner is required to respond within 14 days of receiving the notice.
If the neighbor dissents or does not respond, a surveyor will be appointed.
Can a Party Wall Agreement be Made Without a Party Wall Notice being Served?
YES, the Party Wall etc. Act 1996 enables a Party Wall Surveyor to agree a Party Wall Agreement in the absence of a Party Wall Notice being served to an Adjoining Owner prior to starting the construction works. The idea is to save a neighboring property owner from incurring the cost of an injunction.
Here at Icon Surveyors, our team are qualified, experienced and considered experts in party wall matters. Feel free to give us a call for free 30 minute party wall advice. Our team of experts will give you impartial Party Wall advice.
