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Schedule of Condition

A Schedule of Condition will limit the liability for pre-existing damage and defects

A schedule of condition (sometimes referred to as a Condition Survey) is a document consisting of notes and photographs which describe the condition of a property prior to building works being carried out. Often a Schedule of Condition is associated with the Party Wall etc Act 1996 and would normally form part of a Party Wall Award or a Party Wall Agreement. Another situation where a Schedule of Condition is used is in a lease where a tenant wants to limit his repairing liability and not take on the responsibility for pre-existing damage, disrepair etc.

There are two main benefits of a Schedule of Condition in connection with Party Wall matters:-

  • Firstly, if the building works cause damage to a neighbour’s property then it is straightforward to establish the extent of such damage. If the works were notifiable works under the Party Wall etc Act 1996 then the associated Party Wall Award will detail the procedures for dealing with the remedial works.
  • Secondly, if there is pre-existing damage to a neighbour’s property then this is documented so that the owner carrying out the building works can easily defend a claim that his work has caused the damage.

Generally speaking they are of properties beside where the works are going to be done but they can also be of properties that a builder is proposing to work on so that he doesn’t become liable for any pre-existing damage, cracking etc.

Here is a link to where you can see an example of a Schedule of Condition.

If you live in or near Cambridge and would like specific, professional advice or guidance, please call the Ely Design Group office on 01353 649 649 and ask to speak to Mary Watkins.

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Telephone: 01353 649 649
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