Party Wall Advice for you as the Building Owner – the owner proposing to carry out notifiable building works.
Your instructions will be carried out for you by Allen Norman, Director of Ely Design Group, and who is a Chartered Building Surveyor and a Fellow of the Faculty of Party Wall Surveyors. He has many years experience in all aspects of the Party Wall etc. Act 1996 and will provide you with the correct advice.
The Party Wall etc. Act 1996 places a legal duty upon you, as the Building Owner, because of your proposed building works to give notice to the Adjoining Owners (your neighbours) under the Party Wall etc. Act 1996. The Notice must be served a least one month (sometimes two months) prior to the date the work is due to start. It is important to note that failure to serve a valid Party Wall Notice in time, where one is required, can cause a significant delay to your works starting and could result in legal proceedings being brought against you if you start before the procedures are complete and the necessary documentation is in place. In these circumstances you may also be liable for additional legal for additional legal fees and court costs. You should remember that gaining Planning Permission or complying with the Building Regulations does not remove the need to comply with the Party Wall etc. Act 1996 where it is applicable.
Party Wall Notices
NOTE: For Party Wall Notices please also read Party Structure Notice, Notice of Adjacent Excavation, 3m Notice, Line of Junction Notice
Once you have served a Party Wall Notice upon your neighbour they have 14 days in which to respond in writing. If the Adjoining Owner dissents to the Party Wall Notice a dispute arises and each Owner must appoint a Party Wall Surveyor or concur in the appointment of an Agreed Surveyor who will impartially represent both the Building Owner and the Adjoining Owner. If the Adjoining Owner does not respond to the notice within 14 days, the Adjoining Owner is deemed to have dissented, and again the two Owners must appoint a Surveyor each or concur in the appointment of the Agreed Surveyor.
Party Wall Agreement
The Adjoining Owner can consent to the Notice and this is the point where the Party Wall Act procedures cease. However we recommend that you consider have a Party Wall Agreement to formally document this in writing and include a Schedule of Condition in the agreement. Click Party Wall Agreement for further details.
Party Wall Award
The Party Wall Surveyors will prepare a fair and impartial Party Wall Award which will deal with the right to execute the party wall works, the time and manner of executing any party wall work and any other matter that arises between the parties connected to the party wall works. In all normal circumstances the Party Wall Surveyors will prepare a report, called a Schedule of Condition, of the the Adjoining Owner’s property before the works start in order to protect the interests of both parties in the event of a later claim that damage has been caused to the Adjoining Owner’s property.
Party Wall Costs
Usually the Building Owner proposing the works will pay all party wall costs associated with drawing up the Party Wall Award if the works are solely for the Building Owner’s benefit although it is for the Surveyors to agree and award accordingly. Where a difference is deemed to have arisen, because the Adjoining Owner did not respond to the notice, both parties may jointly agree to settle any outstanding matters between them without the need for a Party Wall Award. In this case the Building Owner will usually still be liable for all reasonable party wall costs incurred up to the date when the parties notified their respective Party Wall Surveyors of their intentions.
CONTACT US to discuss your party wall surveying requirements.