When you’re involved in a property development project, there are a lot of legalities and regulations you need to follow to remain legal. This can feel complicated at the best of times, but many regulations simply cover you operating within the boundaries of your land.
There are new considerations to be aware of when sharing boundaries with someone else, like in the case of a Party Wall. And one of the solutions to addressing party wall issues is to enlist the help of a party wall surveyor.
In this post, we’ll demystify the roles and responsibilities of a Party Wall Surveyor under the Party Wall Act, a legislative act designed to prevent and resolve disputes in relation to party walls, boundary walls, and excavations near neighbouring buildings.
Whether you’re a building owner planning to undertake construction or an adjoining owner who wants to understand your rights, this article will provide essential guidance to navigate the Party Wall Act effectively.
Starting with the basics, a party wall is a shared wall that stands on the land of two owners, typically dividing adjoining buildings like terraced houses or semi-detached homes. If your house is simply attached to another and each share one side of a wall, this is a “party wall.”
In the 1990s, Parliament recognized the potential for neighbourly disputes surrounding such shared structures. Consequently, the Party Wall Act was established to prevent these disputes and formalise the processes around work involving a party wall.
And thus, the role of a party wall surveyor was born – someone who was trained and educated in matters related to a party wall and who can help identify problems and come up with solutions to disputes and potential issues.
A party wall surveyor needs to have a thorough understanding of the Party Wall Act and its implications. However, it can officially be anyone except someone who’s indirectly involved in the works, meaning they should not be the same person who’s carrying out the building work or an owner of part of the party wall.
But, while your appointed surveyor could be your best friend or uncle, they should ideally have a good understanding of construction to get actual results, which is why professionals from the building industry often take up this role.
Party wall surveyors work in two ways.
First, there’s acting for a building owner, which involves many duties. These duties include ascertaining adjoining ownership, serving the required Party Wall notices to adjoining owners, or preparing Schedules of Conditions on adjacent premises.
The surveyor also liaises with other professionals like architects and engineers and is responsible for drafting Party Wall Awards. Additionally, they must agree on the terms of these awards with the Adjoining Owners’ Surveyors.
On the other hand, party wall surveyors can act on behalf of adjoining owners, in which duties would include examining the legal validity of Party Wall notices issued by the Building Owner or their surveyor.
They also negotiate the terms of the Party Wall Award while considering the Act. Other responsibilities include monitoring the works during the building contract and checking the Schedule of Condition post-work completion to identify any defects that need remedying.
The Party Wall Act ensures the process is not frustrated by either party refusing or neglecting to appoint a surveyor.
For example, a terraced house wants to install roof supports to cut into a party wall. To resolve the issue fairly, both parties must appoint a surveyor to consider and support their case.
The Act states all appointments must be in writing and, once made, cannot be rescinded. If one party neglects or refuses to appoint a surveyor, the Act allows the other party to make the appointment on their behalf.
The building owner/developer has absolute rights to execute works on his land impacting a party wall or party structure under the Act.
This could include actions such as cutting into or underpinning a party structure or removing projections from it. In addition, they can also perform excavations close to a structure on adjoining land within certain limits.
As a part of these rights, the Building Owner must serve Party Wall notices outlining the nature of the works well ahead of time. If there’s disagreement or ‘dissent’, surveyors need to be appointed.
The Act stipulates that these surveyors must act impartially, and parties can also choose to appoint an Agreed Surveyor who would act impartially on behalf of both parties.
However, the Building Owner/developer is also obligated not to cause unnecessary inconvenience to the Adjoining Owners because of the manner or timing of the works.
The Act provides the framework for what is considered “reasonable” and stipulates the requirement for compensation in certain circumstances. The surveyor’s role is to protect both parties’ interests in this regard.
As you can see, the Party Wall Act provides a robust framework for dealing with shared structures and potential disputes arising from work involving such structures. A Party Wall Surveyor plays a crucial role in this process, acting impartially to protect the interests of both Building Owners and Adjoining Owners.
By understanding the intricacies of the Act and the responsibilities of a Party Wall Surveyor, you can navigate any party wall-related works with confidence and minimal conflict.
A party wall is a shared wall standing on two owners’ land, typically separating adjoining structures like terraced houses or semi-detached homes.
A Party Wall Surveyor can be anyone who isn’t directly involved in the works. While they could technically be a family member or friend, ideally, they should have a solid understanding of construction and the Party Wall Act.
Responsibilities include ascertaining adjoining ownerships, serving Party Wall notices, preparing Schedules of Condition on adjoining premises, liaising with other professionals, and drafting Party Wall Awards.
Duties include examining the legal validity of Party Wall notices, negotiating the terms of the Party Wall Award, monitoring the works during the building contract, and checking the Schedule of Condition post-work completion.
Yes, under the Act, the Building Owner has absolute rights to execute works impacting a party wall or party structure. However, they are also obligated not to cause unnecessary inconvenience to the Adjoining Owners.
If one party neglects or refuses to appoint a surveyor, the Act allows the other party to make the appointment on their behalf.
As members of the Faculty of Party Wall Surveyors we offer a free, no obligation, 15 minute consultation to advise on the Party Wall etc Act (1996) and talk you through the process. Similarly, we’re available to discuss any other property related query you may have and our friendly team are always happy to help.
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