Party Wall Surveying

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The Party Wall etc. Act 1996

The Party Wall etc Act 1996 provides legislation between the party carrying out works
and for the neighbours, who are not.

The Act is ‘invoked’ (when certain criteria is satisfied) by the
developing party (known as the ‘Building Owner’), complying
with the Act and serving a ‘Notice(s)’ to the neighbour(s) (including freeholders,
leaseholders and persons with a formal tenancy for >=366 days –
known in the Act as the ‘Adjoining Owner(s)’).

Those in receipt of a Notice, under the Act, have the follow
choices ((a) and (b) usually proceed to the formation and service
of an award) :-

Within 14 days of service (receipt of the Notice) the “Adjoining owner”:

(a) can appoint their own surveyor

(b) can accept the Building Owner`s appointed surveyor as the
  `Agreed’ surveyor or

(c) can agree (consent) to the works in which case there is
  no award and no further costs associated with the Party Wall Act

If the Notice is wittingly or unwittingly ignored then, after a period of 14 days, a ‘dispute’ is deemed to have arisen and the “Adjoining owner”, as above,:

(a) can appoint their own surveyor

(b) can accept the Building Owner`s appointed surveyor as the
  `Agreed’ surveyor or

(c) can agree (consent) to the works in which case there is
  no award and no further costs associated with the Party Wall Act

That said, the Building Owner`s appointed surveyor may, after the initial period of 14 days, issue a further (10 day) notice requesting one of the above responses i.e. (a), (b) or (c).

In the event that there is no response, then the Building Owner`s surveyor is obliged to appoint a surveyor, other than themselves, on behalf of the Adjoining Owner.

Assuming that the Adjacent Owner has an appointed surveyor (whether an agreed surveyor, or a second surveyor as one of two), it is normal (though not stipulated the Act) for the surveyor, or surveyors to prepare a record of any cracks or defects, to the Adjacent Owner`s property before works commence (a Schedule of Conditions).

The "Schedules of Condition" document is incorporated within the award which will also include details of the design, structural drawings and structural calculations.

It should be noted that unless there are exceptional circumstances, it is normal for the Building Owner to pay the fees for the agreed surveyor or, if insisted upon by the adjoining owner either in writing or by default, pay for both respective surveyors’ fees.

There are several ‘notices’ which may be “served”:

‘Line of Junction Notice’ – This is for works to be carried out up to the junction between respective neighbours (note if this were to be a wall then the foundations, which tend to be wider than the wall, can lawfully reach beyond the line of junction i.e. be formed on the neighbours’ land).

3 Metre or 6 Metre Notice – This relates to works within a certain distance of the neighbours structure and to a certain depth.

Party Structure Notice – e.g. where support is required onto the party wall to form a roof extension, noting that a Party Structure Notice may also be served relating to certain works to the floor separating two apartments.

While the Act does not describe Party Wall Surveyors as arbitrators it is generally accepted as an approach noting that once appointed, under the Act, respective surveyors refer to their ‘appointing owner’, given that the role is statutory and they are obliged to comply with the Act, not necessarily the opposing wishes of their ‘appointing owners’!

The award which is subsequently agreed and signed, between respective surveyors, includes a 14-day period for either party to challenge the award, through the courts, but it is reasonable for works to commence upon service of the award.

The key components within the award are:-

It creates a formal environment under which the works will be carried out (they can be commenced within a year of the signature of the award)

The adjoining owner is provided with the contractor`s insurance details

The contractor is provided with a copy of the award

It tends to include a Schedules of Condition

It provides details of designs, design drawings etc (and record drawings of completion – if required) and governs amendments to the design (eg by way of an addendum award)

It provides a mechanism for further awards to be served for any changes etc

It provides a mechanism to resolve disputes (a third surveyor is named within the award to arbitrate if a dispute between the two surveyors arises)

It allows an independent structural engineer to be brought in, if deemed necessary, at the cost of the building owner

It conditions the builder to carry out work in a safe, work-like manner in accordance with council working hours and for the contractor to work within the limits of their site providing suitable protection for debris and dust etc

It allows the distribution and agreement of method statements for works

It can determine compensation e.g. for ‘Enclosing’

It allows provision for reasonable access where necessary for the works to be carried out by the building owners’ contractor on the adjoining owners’ land

It allows access for the adjacent owners’ surveyor to visit the site

It requires the works to be carried out to comply with town planning and building regulations

It provides inspection as required at the end of the construction period

A further party wall guide can be donwnloaded by clicking this link

Peter Hogan

Chartered Surveyor,
Party Wall Surveyor &
RICS Registered Valuer
BSc(Hons) MRICS
MAPM MIC ICIOB

peter@hogan.co.uk