We at Si Property Consultants Chartered Surveyors, are proud of over 15years of experience dealing with Party Wall Matters. We have had many calls over the years by property owners, landlords, tenants, contractors or neighbours asking various questions, concerns or sometimes distraught about the Party Wall Act and it's implication or worried about potential extortionate fees.
There is nothing better than
giving us a quick call to discuss
your concerns directly, but below are some
pointers to some regular queries.
PARTY WALL ACT 1996
- FAQ
Q: What is
the purpose of the Party Wall Act procedure?
The Party Wall Act provides a framework for preventing and resolving
disputes in relation to works at the party wall,
close to the boundary area or
excavation near neighbouring buildings. The Party wall notice sets
into motion the intention of the Building Owner to the Adjoining Owner who
can 'Consent' to the notice or 'Dissent' to the notice. The Act,
provides the Building owner an ability to do certain things that would
otherwise not be possible or would be deemed to be encroachment or trespass
under common law. This is done whilst protecting the rights and
interests of the Adjoining Owners. The dispute resolution
mechanism worked so well in London for over 100 years that in 1996, the
government extended the procedure to apply across England and Wales.
The purpose of the Act is to allow owners and surveyors to resolve disputes
early and avoid what would be otherwise a very costly and time consuming
court procedure for the owners.
Q: What type of party wall notice do
I need?
The
Building Owner who is intending to undertake
construction works must serve a correct notice
prior to their intended works. These are:
SECTION 1 - Line of Junction Notice:
This is type of notice is required when there is a new wall to be built (on
virgin un-built part or section of a land) and the new wall will be touching
the boundary or is intended to stride across the boundary as a new
party wall.
SECTION 3
- Party Wall / Sructure
Notice: Where there is an existing party
structure/wall and there is a need to alter, repair, extend or raise upon it
a party structure notice will be need. This will include such
works as chimney removal, inserting new support beams into existing party
walls, raising the height or lowering party structures and even simply
inserting lead flashings into an existing wall. Sometime
confused as a Section 2 notice, the section 3 notice indicates the various
party wall construction works listed under section 2 of the Act.
SECTION 6 - Excavation
Notice: If your new extension or building will
require excavation and that excavation is likely to be lower than the level
of the adjoining owner's foundations AND within 3m of those adjoining
foundations, then this type of notice will be necessary. It usually
applies in most new construction / extensions. There is a
further application where the Act is extended to a larger area of digging
within 6m of adjoining properties, but this will usually apply where there
is very deep excavations or deep piles intended.
You do not need a surveyor to serve a notice; an owner can serve their own
simplified notice - Examples of typical notices can be found on
Page 26+ of the
government guide
Q:
If
I 'Consent' or 'Dissent' to the party wall notice? What
happens?
When an Adjoining Owner receives a correctly served notice, there are
essentially three options available to reply back in writing:
CONSENT to the notice:
By consenting to the notice, the adjoining owner effectively affirms they
are happy with the intended works identified under the notice and the
Building Owner can then carry on with the works (no party wall surveyor
involvement is needed). In this situation, I would strongly
advise both parties to ensure that a SCHEDULE OF CONDITION is undertaken of
the adjoining property prior to the works so that if there were any
inadvertent damage, it would be much easier to identify and resolve by the
owners or by surveyors if necessary. By consenting, each party
still has the right to appoint a surveyor if during or after the works there
are any matter in dispute.
DISSENT to the notice
and each party appoints their own surveyor:
By dissenting
the adjoining owner is identifying a need for surveyors to
be involved. Each party appoints their own surveyor. The
appointed surveyors must be named persons, not a company. The
surveyor, once appointed has a duty to act impartially to allow permissible
works under the Act and to protect the adjoining owner's interests.
The surveyors will discuss and produce and 'AWARD' document setting out the
terms and conditions applicable on the works and on the respective owners.
DISSENT to the notice and both parties agree to
appoint one mutual 'agreed' surveyor: By
dissenting the adjoining owner is identifying a need for surveyor to be
involved and agrees to having one surveyor to act for both parties.
The appointed 'agreed' surveyor acting for both parties
has a duty to act impartially and produce an 'AWARD' document that sets out
the terms and conditions applicable on the works and on the respective
owners.
Q: What type of surveyor can be
appointed?
The Act unfortunately does not provide any
clarity on the level of experience or competence
of an appointed surveyor. There are rogue and inexperienced
surveyor
out there that have given the industry a really bad name!
I would suggest look for well established and experienced surveyors
affiliated to the RICS or a well
regulated independent associations such as the P&T Club or the FPWS.
Each of these associations have a list of members you can search
within your area. Choose a local surveyor, within 30min travel
distance from the construction site - this will be of benefit.
We at Si property RICS chartered surveyors
are based in Harrow HA1 cover London and the home
counties, would be glad to assist - contact us on
T:020 8930 1684. Our understanding of a broad range of neighbourly subject
matters such as encroachment, trespass, easements, boundary disputes and
un-authorised works can assist greatly the early conclusion of party wall
matters. A surveyor who is un-familiar with the Act or the
inter-connection with these neighbourly legal
concepts will be unable to full fill their duty effectively and their
appointment should be avoided.
Q: If I don't
like my
party wall surveyor or he/she
is not performing, what can I do?
It is important you choose carefully your party wall surveyor.
Surveyors are required to act
contentiously and effectively, but there are situations
where
a rogue or inexperienced surveyor may
complicate,
delay our be out of his/her depth in resolving the
matters in dispute. Unfortunately, once a
surveyor is appointed, the owners
cannot remove or sack
him or her. But there are options for dealing
with a failing or procrastinating surveyor:
If there is an Agreed Surveyor:
you can serve a formal notice upon the Agreed Surveyor giving him/her
10days to act or perform certain specific duties. If that surveyor
fails to comply with your 10day notice, you can appoint another
surveyor. But be very carefully before for you take these steps; ensure the
procedural protocol has been accurately followed.
If there are two appointed Surveyor:
There are two ways in addressing lack of performance:
1) you
can ask the other counterpart surveyor to issue a 10day
notice upon the non-performing surveyor.
2) you can ask the 'THIRD
SURVEYOR' to assist and get matters moving. The 'Third Surveyor'
is pre-selected by the two appointed surveyors at an early stage and only
gets involved if he/she is called upon by any of the owners or their
appointed surveyors.
Q: How much does the
party wall surveyors costs?
The costs of surveyors really depends on the size, extent and
complicated nature of the works / designs and the level of impact on each of
the neighbours under the Act. SI Property Consultant's charges, for a typical residential extension or loft conversion for a property in Harrow, Pinner, Wembley or Watford areas are typically:
Fee for acting as the Building Owner's
Surveyor
£ 200 - To issue ONE adjoining owners
notices (and thereafter £75 per additional further notice required under the
Act).
£ 1,375 - To conclude ONE Award inc. attend site,
undertake a schedule of condition, and discuss matters with the Adjoining
Surveyor
(and thereafter £850 per additional / further awards as necessary).
PLUS allow for the cost of paying for the adjoining owner's surveyor.
Fee for acting as
the Adjoining Owner's Surveyor
£ 1,100 - To
attend site, undertake a schedule of condition, and discuss and conclude ONE
award with the Building owner's surveyor.
Fee for acting
as the 'Agreed' Surveyor for both parties
£ 1,750 -
To conclude ONE Award inc. attend site, undertake a schedule of condition.
Note: No other adj. surveyor; so overall cost saving.
Q: Who pays for the
party wall surveyors fees?
Interestingly, the Act says 'the costs...
shall be paid by such parties the surveyors making the award [shall]
determine'. It is an un-written established courtesy
that the Building Owner initiating the works should pay; after all it is for
their construction benefit. However, it is possible for the
surveyors to agree some or part of the fee is to be paid by the adjoining
owner, particularly if the adjoining surveyor's fee charge is extraordinarly excessive.
Further Q & A will be posted here