Party Walls | Chartered Surveyors
What you need to do about Party Walls
If you are intending to do any building works to a property that is attached to another, whether that may be residential or commercial, large or small, office, retail or institutional, it is highly probable that you will need to inform your neighbour, as set out by the Party Wall Act etc 1996, of your intentions.
This applies to the following kinds of work that you may intend to do:
- Alter, raise or lower a party wall
- Place new/alter existing loads upon a party wall
- Carrying out any structural works below a party wall
- Basements works
- Underpinning/foundation works
- Extension works
- Loft conversions
And some other types of works carried out within certain distances of the party structure.
The Act does give the right to an adjoining neighbour to carry out such works; however, there is a clearly defined procedure that must be followed, which is as much for the adjoining owner’s protection, as well as the other neighbouring party.
It is in the interests of both parties (especially the proposing works party) to, “serve notice”, as soon as possible, as disputes can seriously delay any possible building works being carried out and thus making a considerable cost implication for delays, if applicable.
If dealt with quickly, the timetable under the Act can also be adhered to.
The Procedure
Notice must be served on the adjoining neighbour (either one or two months before works commence, depending on type of work) informing them of intended building works. The adjoining neighbour then has the chance to agree with the proposal or disagree.
If there is a disagreement, then the adjoining neighbour has two options: He/she can either appoint their own surveyor to act on their behalf, or can agree that one surveyor can act on behalf of both neighbours in order to resolve concerns.
In the event of an “Agreed surveyor” working on behalf of each neighbour, his task will then be to act as honest broker, serving both parties best interests. If not, then another surveyor can be brought in to act on behalf of the other party whose costs are borne by the owner wishing to carry out building works.
Party Wall surveying
If two surveyors are appointed, then both surveyors will appoint a third surveyor between them. This is to ensure that any disputes are dealt with impartially and hopefully quickly.
Once disputes have been sorted out and an agreed schedule for the works to proceed along have been written up, a “Schedule of conditions”, is then required and taken of the party wall.
A surveyor’s role here is to protect the party wall and to serve the best interests of each client, under the Act. A Surveyors role is not to fight personal battles on behalf of adjoining neighbours!
Myles Elliott Chartered surveyors have considerable experience with Party Wall issues and can advise and execute matters relating to the Act on behalf of client(s).
If you are proposing works and have an adjoining neighbour to consider, or have been served notice from your neighbour and are not sure how to proceed, please contact us and we will be happy to help you with either drawing up an award or with a section notice.
If you have been served notice from your neighbour, it is very important to take action within 14 days under the Act, otherwise, an automatic dispute will have been entered!
Please contact us for more information.