Party Wall Fact Sheet

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Dora Marshall
5 years ago
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T: 020 7935 2502 W: www.blsurveyors.com E: info@blsurveyors.com Party Wall Fact Sheet If you have a question why not ask one of our experienced Party Wall Surveyors now!

2 T: W: E: Party Wall Fact Sheet If you have a question why not ask one of our experienced Party Wall Surveyors now! What is the Party Wall etc Act 1996? The Party Wall etc Act 1996 governs certain types of construction work that building owners undertake to their property. The Party Wall Act is in place to ensure that a Party Wall Surveyor considers the work from the perspective of your property, ensuring the potential risk is as low as it can possibly be. When does the Party Wall etc Act 1996 apply? The Party Wall Act applies to 3 different types of construction work that the building owner will undertake: 1) A new wall built up to, or astride, the boundary line. 2) Certain types of work directly to a party wall or structure. 3) Excavations within 3m or 6m of your property (this includes garages and brick walls). Commonly, these works qualify as a side, front or rear extension, internal structural works to the party wall (such as cutting into the party wall for the insertion of steel beams) and loft extensions or basement works.

How does the Party Wall Agreement procedure work?

adjoining owner (the neighbour). Once the Party Wall Notice has been served, the adjoining owner has 3 response options available: 1.

Selecting this option waives the protection that the Party Wall Act affords adjoining owners, including having a Party Wall Award agreed.

proposed works commencing. A Schedule of Condition Report involves one of our Party Wall Surveyors visiting the adjoining owner s property to record its condition and take photographs.

3 How does the Party Wall Agreement procedure work? The Party Wall Agreement process commences when the building owner (the owner of the property where the proposed work is taking place) serves a Party Wall Notice specifying their proposed works the adjoining owner (the neighbour). Once the Party Wall Notice has been served, the adjoining owner has 3 response options available: 1. The adjoining owner may Consent to the works The building owner will then be free to commence their proposed works and none of the formalities of the Party Wall Act will be followed. Selecting this option waives the protection that the Party Wall Act affords adjoining owners, including having a Party Wall Award agreed. Although not a requirement under the Party Wall Act, we would still strongly advise that a Schedule of Condition Report of the adjoining owner s property is prepared prior to the building owner s proposed works commencing. A Schedule of Condition Report involves one of our Party Wall Surveyors visiting the adjoining owner s property to record its condition and take photographs. This detailed report then acts as record of proof in the event of any damage being caused. This means that the adjoining owner will be able to hold the building owner accountable and ensure that the appropriate making good takes place to their property. 2. The adjoining owner may Dissent to the works and agree in the appointment of an Agreed Surveyor Assuming one of Berry Lodge Surveyors were appointed as that Surveyor, we would then act impartially on behalf of the adjoining owner and the building owner, preparing all the necessary documents including a Schedule of Condition Report and a Party Wall Award. A Party Wall Award is a legal document which not only governs the work, but also formally protects the owners the event of any damage.

3. The adjoining owner may Dissent to the works and appoint a Surveyor of your choice Assuming a surveyor from Berry Lodge Surveyors was appointed, we would then agree a Party Wall Award with the

The Party Wall Agreement procedure involves a number of steps to ensure that both the building owner and the adjoining owner are legally and fully protected.

This ensures that their property is exposed to the minimum amount of risk possible, often with the building owner s design being revised to reflect this.

Protection statements set out the manner in which the works are to be undertaken and ensure that the method that the works are undertaken pose the least amount of risk and disruption possible.

4 3. The adjoining owner may Dissent to the works and appoint a Surveyor of your choice Assuming a surveyor from Berry Lodge Surveyors was appointed, we would then agree a Party Wall Award with the building owner s Surveyor with all of the same steps of option 2 being followed. What does the Party Wall procedure entail? The Party Wall Agreement procedure involves a number of steps to ensure that both the building owner and the adjoining owner are legally and fully protected. The procedure includes: Reviewing all of the building owner s plans, structural designs and drawings from the perspective of the adjoining owner s property. This ensures that their property is exposed to the minimum amount of risk possible, often with the building owner s design being revised to reflect this. Undertaking a Schedule of Condition Report of the adjoining owner s property, as explained above. Agreeing protection statements for the contractor to adhere to during the course of the works. Protection statements set out the manner in which the works are to be undertaken and ensure that the method that the works are undertaken pose the least amount of risk and disruption possible. Agreeing a Party Wall Award, as explained below. What is a Party Wall Award The Party Wall Award is a legally binding document prepared by either the Agreed Surveyor or two Surveyors (the building owner s Surveyor and the adjoining owner s Surveyor). The Party Wall Award, commonly referred to as a Party Wall Agreement, not only governs the specifics of the notifiable works, it also legally protects the adjoining owner in the event of damage being caused to their property.

Who is responsible for the Party Wall Surveyor(s) fees?

is responsible for the reasonable Surveying fees.

This depends on the specifics of the building owner s proposed works,

As a rough average, an Agreed Surveyor selection will often take in

When 2 surveyors are appointed, the process can take slightly longer,

We offer 35 minutes of free & impartial Party Wall Advice to all of

5 Who is responsible for the Party Wall Surveyor(s) fees? In accordance with the Party Wall Act, it is the building owner who is responsible for the reasonable Surveying fees. How long does the Party Wall process take? This depends on the specifics of the building owner s proposed works, as well as the response option that the adjoining owner selects. As a rough average, an Agreed Surveyor selection will often take in the region of 1-2 weeks to have a Party Wall Award in place. When 2 surveyors are appointed, the process can take slightly longer, again a rough average would be anywhere from 2 4 weeks. We offer 35 minutes of free & impartial Party Wall Advice to all of our callers If you have any further questions that you require clarifying, please do not hesitate to contact our Party Wall team who will be happy to assist.

The Party Wall Act 1996 acts as a safeguard for both parties when works are being carried out to Party Walls.

party wall matters party wall matters The Party Wall Act 1996 acts as a safeguard for both parties when works are being carried out to Party Walls. This is a complex area and we are always happy to offer