Party wall surveyors are appointed to oversee and regulate building work that affects a shared wall, boundary or structure between two or more properties. Party wall surveyors are required by law to ensure that all work is carried out in accordance with the Party Wall etc. Act 1996, which was introduced to prevent disputes between neighbouring property owners.
The Party Wall etc. Act 1996 applies to both residential and commercial properties in England and Wales. It is a legal requirement for building owners and developers to comply with the Act if they plan to carry out work that may affect a party wall, party fence wall, or an external boundary wall. Failure to comply with the Act can result in legal action being taken against you, resulting in expensive legal fees and fines.
So, when exactly are party wall surveyors required? There are three main instances when party wall surveyors are needed:
1. Building a New Wall on the Boundary Line
If you plan to build a new wall that will sit directly on the boundary line between your property and your neighbour’s property, you must appoint a party wall surveyor. This is because the wall will be considered a “party wall” and will require an agreement between you and your neighbour.
The party wall surveyor will draw up a party wall agreement, which will outline the rights and responsibilities of both parties. This agreement will cover issues such as the cost of the work, the timing of the work, and the structural specifications of the wall.
2. Excavating Near a Shared Wall
If you plan to excavate near a shared wall, you must appoint a party wall surveyor. This is because excavation work can cause damage to the wall and may require repairs or reinforcement.
The party wall surveyor will survey the wall before and after the excavation work to ensure that no damage has been caused. They will also draw up a party wall agreement, which will outline the rights and responsibilities of both parties. This agreement will cover issues such as the cost, the timing of the work, and the structural specifications of any repairs or reinforcement.
3. Carrying Out Work on an Existing Party Wall
If you plan to work on an existing party wall, such as cutting into it to install a beam, you will need to appoint a party wall surveyor. This is because any work on a party wall can affect the wall's structural integrity and may require repairs or reinforcement.
When Looking For a Party Surveyor
In all cases, it is important to appoint a party wall surveyor who is experienced and qualified to carry out the work. You should also ensure that you provide your neighbour with adequate notice of your intentions to carry out work on a shared wall or boundary line.
Conclusion
Party wall surveyors are required whenever building work is carried out that affects a shared wall, boundary or structure between two or more properties. The Party Wall etc. Act 1996 outlines the legal requirements for building owners and developers and failure to comply with the Act can result in legal action being taken against you. If you are planning to carry out work that may affect a party wall, party fence wall, or an external boundary wall, it is important to appoint a party wall surveyor who is experienced and qualified to carry out the work.
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