Party Wall Surveys Introduction

Party wall surveys are vital for any construction or renovation works involving shared walls or boundaries between properties. This guide will cover:

• Defining party wall surveys and associated regulations
• Role and duties of a party wall surveyor
• When you need surveys – common scenarios
• Step-by-step surveying process
• Timelines and deadlines involved
• How to choose the right Surveyor
• Questions to ask potential surveyors
• Expected costs and considerations

Party wall matters can be contentious, but a professional party wall surveyor can impartially facilitate agreements and consent. They ensure the legal process runs smoothly, disputes are avoided, and all stakeholders remain informed. This handbook provides homeowners and contractors a detailed understanding of party wall surveys to properly address boundary matters.

Understanding Party Wall Surveys

Definition and Purpose

Party wall surveys assess shared walls and boundaries between properties to enable building owners to undertake certain construction works. Surveyors provide professional guidance to facilitate legal agreements and consent from adjoining owners under the Party Wall Act.

The purpose of a party wall survey is to:

• Facilitate necessary consent and cooperation between property owners for proposed works
• Assess the condition of party walls and structures prior to and after works
• Prepare and serve statutory party wall notices
• Explain the legal provisions, rights and responsibilities to owners
• Negotiate party wall awards and agreements on rights, restrictions and dispute resolution
• Continuously monitor works to ensure compliance with awards

Legal Framework and Regulations

There are some key regulations governing party wall surveys:

The Party Wall etc. Act 1996

This UK Act sets out the legal framework for rights and responsibilities regarding party walls, boundary walls and excavations near neighbouring buildings.

Applicable Situations and Types of Works

Under the Act, a party wall survey is required when:

• A new wall will be built on the boundary line between the properties
• Excavation or construction works will be within 3-6 meters of a shared wall or structure
• Structural alterations, such as deepening foundations or inserting beams, will affect the party wall.
• Adjacent excavation exceeds 2 meters deep

Rights and Responsibilities of Property Owners

The Act confers certain rights as well as responsibilities:

• Owners have the right to make necessary alterations to walls and buildings
• Works must be conducted safely to avoid unnecessary inconvenience
• Owners must serve notice and obtain consent from adjoining owners before exercising rights
• Adjoining owners can not unreasonably refuse consent
• Owners have the right to claim compensation for any losses due to works

Clearly, understanding these legal provisions is critical to navigating party wall matters successfully.

A specialist party wall surveyor is invaluable in guiding property owners through the legal process under the Party Wall Act.

Who is a Party Wall Surveyor?

A party wall surveyor is a qualified building professional who provides impartial advice and services related to the Party Wall Act. Their main role is facilitating consent and agreement between adjoining property owners for any construction works involving party walls or shared boundaries.

Key Responsibilities

The surveyor has several key responsibilities:

• Serving the required statutory notices to adjoining owners regarding intended works
• Negotiating consent on behalf of the building owner carrying out the works
• Arranging access for any necessary inspections before, during, and after works
• Preparing a detailed Schedule of Condition reporting the current state of the party wall and nearby structures
• Ensuring works comply with the Act and do not cause unnecessary inconvenience
• Mediating any disputes that may arise between the property owners
• Assessing and awarding compensation for any losses or damages

Qualifications and Expertise

To carry out their duties competently, party wall surveyors require:

• Membership in professional bodies like RICS or CIoB
• Specialist accreditation and certification in party wall surveying
• A degree in Building Surveying, Construction, or Architecture
• In-depth knowledge of building defects, materials, and structural alterations
• Strong negotiation and conflict resolution skills
• Absolute impartiality when dealing with both owners

Appointing a qualified, experienced party wall surveyor ensures the legal process runs smoothly and prevents any disputes arising from works governed by the Party Wall Act. Their expertise is invaluable throughout the project.

Duties and Responsibilities

Party wall surveyors have several crucial duties and responsibilities throughout the legal process under the Party Wall Act:

Preparing and Serving Notices

One of the first key tasks is preparing the statutory party wall notices informing adjoining owners about the proposed works and their rights under the Act. The surveyor ensures notices contain all required information and are served correctly, following the legal timeframes.

Conducting Site Surveys

The surveyor thoroughly inspects the site and the party wall and adjoining properties. This allows them to accurately assess the current condition and how the planned works will potentially affect the party wall and nearby buildings. The survey identifies any specific risks that must be addressed.

Facilitating Agreements

Using their technical expertise, the surveyor imparts unbiased advice to facilitate consent and agreement between the owners on the proposed works. They help negotiate a party wall agreement acceptable to both sides. The surveyor then formally drafts and finalizes the written party wall agreement.

Resolving Disputes

Acting as an impartial mediator, the surveyor helps resolve any disputes or disagreements that arise by clearly explaining the legal provisions of the Act. They can also provide expert advice by producing reports or serving as a witness if the dispute goes to court.

Appointing a competent surveyor with relevant expertise ensures the party wall legal process runs smoothly, prevents disputes, and protects the rights of both property owners. Their oversight of the entire process is invaluable.

When Do You Need a Party Wall Surveyor?

Here is an expanded explanation of when a party wall survey is required.

Several common scenarios legally require appointing a party wall surveyor and serving formal notice under the Party Wall Act:

Building New Walls on the Boundary

Any construction of new walls or fences directly on the boundary line between properties requires a party wall survey. This includes:

• Garden walls separating neighbouring gardens/yards
• Boundary walls dividing front or rear gardens
• Side boundary walls between houses or flats
• Fences erected directly on the boundary

Even if a new wall is a reasonable distance from a neighbour’s property, the Act applies if it sits right on the boundary line.

Excavation Within Proximity of Party Walls

Excavation works within 3-6 meters of an existing party wall or structure require a survey. This includes projects like:

• New foundations being dug near or below the level of adjoining foundations
• Basement or cellar construction adjacent to a party wall
• Drainage works near the foundations of attached buildings

The surveyor will determine specific setback distances and consent requirements depending on the scale and depth of excavations.

Structural Alterations to Party Walls

If planned works involve any structural changes that could impact the party wall itself, such as:

• Deepening existing foundations next to the party wall
• Inserting new beams into the party wall
• Raising ceiling joists or floor levels against the wall

…then the Act’s requirements would apply and necessitate a survey.

Loft Conversions and Rear/Side Extensions

Any home extensions added to the party wall line, such as loft conversions above or rear/side extensions next to the wall, require consent under the Act.

A surveyor will advise on necessary notices, and consents, and ensure structural changes do not damage the adjoining property.

When in Doubt, Seek Expert Advice

It is always prudent to consult a qualified party wall surveyor if you are unsure whether the Act applies to your planned works. They can properly assess the proposals and determine if a party wall survey is required. This may prevent costly disputes down the line.

The Party Wall Surveying Process

Completing a party wall survey requires careful planning and management of several key stages:

Initial Assessment and Advice

• The building owner should engage a professional, accredited party wall surveyor as early as possible in the planning process.
• The surveyor will thoroughly evaluate the proposed works to identify any requirements under the Party Wall Act. This may involve site visits, measurements, and reviewing project drawings.
• They will advise the owner on the exact notices needed, procedures for serving them, and strategies to gain adjoining owners’ consent smoothly.

Preparing and Serving Notices

• The surveyor drafts the specific party wall notices required under the Act e.g. Line of Junction Notice, Notice of Adjacent Excavation etc.
• Notices must contain certain statutory information like details of the building owner and project, rights of adjoining owners, relevant timescales etc.
• The surveyor serves notices on the adjoining owners in the legally specified manner, such as in person or by registered post. Proof of service is retained.

Facilitating Consent and Agreement

• Using expert technical knowledge, the surveyor explains the project impartially and facilitates constructive discussions between the owners.
• If adjoining owners disagree with the proposals, the surveyor can suggest alterations to gain consent e.g. changing foundation depths.
• They negotiate acceptable terms between the owners and draft a written party wall agreement for approval and signing.
• If owners appoint their own surveyor, discussions aim to reach consensus between the two surveyors.

Schedule of Condition and Commencing Works

• A detailed Schedule of Conditions is produced, recording the pre-existing state of all party walls and adjoining buildings.
• Work can legally commence as scheduled once the party wall agreement is signed and notices are served.
• The surveyor oversees the project, monitoring compliance with agreed methods and any necessary protective measures.

Completion, Inspections and Award

• Upon completion, the surveyor thoroughly inspects the works and compares to the pre-construction condition.
• The surveyor draws up a final Party Wall Award assessing any damage caused, which the building owner must fairly compensate.
• This award is binding once signed by both owners or determined by a county court if disputes arise.

Careful management of this end-to-end process ensures works comply fully with the Party Wall Act.

Choosing the Right Party Wall Surveyor

Selecting an experienced, professional surveyor is key to smoothly completing the party wall process. Here are important factors to consider:

Relevant Qualifications and Memberships

• Verify appropriate academic and professional credentials like degrees in surveying or architecture, and membership in respected organizations such as the RICS or CIOB.
• Look for additional certifications related explicitly to party wall surveys indicating greater specialization.

Experience and Track Record

• Examine their prior experience on similar types of projects to yours that involved party wall matters, such as basement excavations or loft conversions.
• More years of relevant experience indicates greater technical expertise and familiarity with the intricacies of the Party Wall Act.
• Review testimonials to verify they have a proven track record of success facilitating agreements and avoiding disputes.

Local Knowledge

• A surveyor familiar with typical building styles, materials, issues, and regulations specific to your area can be advantageous.
• Local contacts and relationships may also help speed up the process when dealing with council officials or contractors.

Communication Abilities

• Strong verbal and written communication skills are vital when explaining technical matters and liaising between owners.
• An effective negotiator who remains impartial and calm under pressure can mediate successfully.

Fees and Estimates

• Compare the fee rates and projected cost estimates of a few potential surveyors.
• More experienced specialists may have higher rates but can save money by ensuring the process runs smoothly from start to finish.

Choosing a surveyor with the right mix of qualifications, expertise and interpersonal skills is key for preventing any party wall disputes.

Questions to Ask Potential Surveyors

It is also useful to ask questions like:

• Are you a member of a professional body like RICS or CIOB?
• How long have you been practicing as a party wall surveyor?
• How many similar projects have you surveyed?
• Are you familiar with local building styles and materials?
• Will you remain wholly impartial throughout the process?
• What are your fees, and what is included?
• What are the typical timeframes involved?

Getting satisfactory responses assures you of appointing a knowledgeable, experienced surveyor who will represent your interests fairly.

Conclusion

Completing a party wall survey is a legal requirement for many construction projects in the UK. By understanding the regulations, process, and appointing a qualified surveyor, property owners can ensure this process is handled efficiently. Leveraging the technical expertise of a surveyor prevents disputes and delays, while protecting the rights and property of all parties involved. With proper planning and management, the party wall process can be straightforward, allowing your construction works to proceed smoothly and safely.

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