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Party Wall Surveyor
Services
The Party Wall etc. Act 1996
The Party Wall etc. Act 1996 exists to allow Building Owners to exercise their rights to undertake relevant building works that may affect the buildings of a neighbouring (Adjoining) Owner. Statutory procedures exist, which may lead to the creation of an Award, setting out clearly the rights and responsibilities of both Owners involved to ensure the works are undertaken in a responsible manner.
IGL Approach to Party
Wall Surveys
Through a pragmatic approach IGL work with both Building and Adjoining Owners. We look to work as part of a team, to identify & encourage the production of good quality design and construction information, whereby the works can be completed responsibly when undertaken.
IGL surveyors are also there to deal through Awards with matters such as responsibility for costs, damage, or loss and other disputes that may arise between the Owners.
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Information for both Building Owners (who intend to carry out works) and Adjoining Owners (whose neighbour is intending to carry out work) can be found further down this page.
Initially, IGL recommends that you should refer to the Department of Communities and Local Government’s explanatory booklet. This explains how the Act may affect someone who either wishes to carry out relevant work under the Act (the “Building Owner”), or someone who might be affected by those works (the “Adjoining Owner”). The document can be found using the following link:
BUILDING OWNERS ADVICE
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
You must tell your neighbour(s) if you want to:
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Build on or at the boundary of your two properties
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Work on an existing party wall or party structure
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Excavate below and near to the foundation level of their building or structure
Your neighbour can’t prevent you from making changes to your property that are within the law. However, they can affect how and when your works are carried out.
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Failure to follow the provisions of the Party Wall Act may result in the works being unlawful and risks an application for an injunction to stop you from continuing the works. The Courts take a dim view of those who fail to comply with the notice obligations and statutory regime of the Party Wall Act, whether deliberately or through ignorance.
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If you need guidance on whether the Act applies to the work you are planning you can book a telephone consultation for a fixed fee with one of the Party Wall Surveyors at IGL. Our surveyor will check the proposed work and clarify whether the scope falls under the the Party Wall Act.
What are a Building Owners’ duties under the Act?
Where work falls under the provisions of the Act you must inform all Adjoining Owners by giving written notice in accordance with The Act.
Normally this notice should be given at least two months before the planned start on site. The notice is only valid for a year, so it is also important that it is not served too early.
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We always advise building owners to speak to their neighbours before serving a formal notice. Neighbours that feel they are being consulted and kept informed are far less likely to immediately appoint a surveyor when a notice is served. This can avoid running up a large bill of surveyor’s fees.
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Don’t forget notice must be served on all adjoining owners whether they are freehold or leasehold. This may mean that more than one notice is required to be served for the works.
For example; if an adjoining property has been converted into flats it may be necessary to serve multiple notices. In such situations, it is important that the process is carefully managed to keep the number of surveyors involved (and the resultant fees) to a minimum.
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Once a notice is served the adjoining owner(s) have 14 days in which to reply. If they agree to the proposed work, then that agreement must be in writing. If an adjoining owner expressly disagrees or does not reply to a Notice within 14 days of receipt, then they are deemed to have dissented and a statutory ‘dispute’ arises. Adjoining owners may also serve a counter-notice indicating additional work they would like included for their own benefit and at their own cost.
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Even if the adjoining owner consents to the works in the notice, IGL recommend it prudent to undertake a schedule of condition covering those parts of their property that are at risk from the works. This gives both parties an equial record of the condition prior to work commencing. This helps to avoid disagreements about any damage caused during the process of the works.
What happens if a dispute arises?
Each owner must appoint a party wall surveyor to act for them individually or agree on a single ‘agreed’ surveyor to act for both owners.
By having a surveyor draft the notice a building owner can increase their chances of having an ‘Agreed Surveyor’ appointed which will help to keep the costs down on small projects.
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Where two surveyors are appointed to act for each owner individually, the two surveyors must select another surveyor, the third surveyor. The third surveyor would only be called upon if the two surveyors cannot agree or if either of the owners or either surveyor calls on the third surveyor to make an Award.
What does the surveyor do?
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:
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The work that will be carried out.
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How and when the work will be carried out (to limit times of noisy work for instance).
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Specifies any additional work required (protective measures to prevent damage for example).
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Access arrangements for the surveyor to inspect the works while they are going on. This is to ensure they are in accordance with the award.
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Where the proposed works involve underpinning and basement excavation the party wall award will be more complex to reflect the greater risk. It may also include issues such as security for expenses and special foundations.
The Award 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 for instance.
Who pays for the surveyor's fees?
The Building Owner will usually pay all costs associated with drawing up the Award.
This includes the adjoining owner’s surveyors’ fees if the works are solely for the Building Owner’s benefit.
It is therefore important that the whole process is managed efficiently to keep adjoining owner’s surveyors’ fees to a minimum.
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IGL aim to do this by taking a proactive approach when serving a notice on an Adjoining Owner. We offer to meet them and discuss the proposals in the hope this may give them the confidence to consent to the works, or appoint us as an 'Agreed Surveyor'. Of course, owners are free to appoint who they wish, or they may not respond to the notices, resulting in a surveyor being appointed on their behalf.
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Adjoining owners’ surveyors are not required to quote in advance. Their fees are typically calculated by reference to an hourly rate. The final figure is then agreed with the building owner’s surveyor. This can often leave Building Owners concerned about the costs which may be incurred.
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Should the two surveyors fail to agree upon a reasonable amount the matter can be referred to the Third Surveyor who has the final say.
ADJOINING OWNERS ADVICE
As a neighbour (‘Adjoining Owner’) to building works you might not welcome the upheaval from noise and disruption that is likely to be caused.
Whilst this may be the case, it is important to note that the primary purpose of the Party Wall Act is to facilitate development and allow works to progress.
However, the Act also provides important rights and protections to you as an Adjoining Owner.
What are a Building Owners’ duties under the Act?:
In return for rights to carry out certain works, the building owner must comply with the provisions of the Act. For instance, this includes the duty to notify you in advance of work starting.
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The building owner is legally responsible for putting right any damage caused by carrying out the works, even if the damage is caused by a contractor.
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You cannot stop someone from exercising the rights given to them by the Party Wall Act, but you may be able to influence how and at what times the work is done.
What happens if I ignore a notice served by a Building Owner?
If you do not respond to notice from a building owner concerning work to an existing party structure or an excavation, you will be deemed to be in ‘dispute’ with them.
In this case, and in the event of a dispute concerning a new wall at the boundary, if you refuse or fail to concur in the appointment of an agreed surveyor, or to appoint a surveyor of your own, the building owner will be able to appoint a second surveyor on your behalf so that the dispute resolution procedure can proceed without your co-operation.
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What rights does an Adjoining Owner have?
Adjoining Owners have the right to:
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Appoint a surveyor to resolve any dispute, whether that be an Agreed Surveyor or their own Surveyor.
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Require reasonable necessary measures to be taken to protect their property from damage and for their security.
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Not to endure any unnecessary inconvenience.
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Be compensated for loss or damage caused by building works.
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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.
What does an Adjoining Owners' surveyor do?
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:
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The work that will be carried out
When and how the work is to be carried out (to limit times of noisy work for instance) -
Specifies any additional work required (protective measures to prevent damage for instance)
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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.
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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.
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Where the proposed works involve underpinning and basement excavation the party wall award will be more complex to reflect the greater risk. It may also include issues such as security for expenses and Special Foundations to protect the interests of the Adjoining Owner
Who pays for the surveyor's fees?
The Building Owner will usually pay all costs associated with drawing up the Award.
This includes the adjoining owner’s surveyors’ fees if the works are solely for the Building Owner’s benefit.
The Adjoining Owner’s surveyor keeps a record of their time and when all other matters have been resolved puts their fee forward to the building owner’s surveyor for agreement.
If the two surveyors fail to agree upon what constitutes a reasonable fee, they can refer the matter to the Third Surveyor who will have the final say.
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Further Guidance for Adjoining Owners is available on the UK Government’s website relating to the Party Wall process (linked above).
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If you are unsure how the Party Wall Act affects your property and want some advice, please give us a call and book in for a telephone consultation. This is charged at a fixed rate.
