We at Si Property Consultants Chartered
Surveyors, can issue Party Wall Act notices for you, act as your
surveyor (or as a joint 'agreed' surveyor) to conclude matters in the form
of a Party Wall Award.
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.
The Party Wall Etc Act 1996, applies in England and
Wales. It will apply in most construction cases, from simple
residential house extensions, loft conversions, chimney removal to more
extensive basement construction, structural renovations or new property
developments. It applies where a
'building owner' intends to
excavate for foundations close to a neighbouring building,
build at the boundary
line or change/alter or repair an existing party wall
between two properties.
A party wall
notice is required to be first served on one or
more of the adjoining owners and this could include any adjoining leasehold
owners or other long term adjoining tenants. Typical party
wall notice templates can be found on your local council planning or Building Regulations
website page, but if you need help or advice on the types,
content and details of the correct notice for your works, do call and we would be happy to guide you through
this or serve the notice on your behalf.
Thereafter, once the adjoining owners receive a valid party wall
notice, they must within 14days either 'consent' to the notice or otherwise
'dissent' and formally appoint a surveyor to act
for them. Alternatively, the building owner and the adjoining owners
can mutually agree to having one 'agreed' surveyor to act for both
parties.
Where a party wall surveyor is appointed, that
surveyor is required to conclude the deemed dispute matters in the form of a 'Party Wall Award'
that will set out various terms and conditions applicable to the works or
applicable upon the respective owners. Sometime owners refer to this as a party
wall agreement, but it is correctly termed 'an award'. The appointed surveyors who
formulate the Award have a quasi-judicial function, using their impartial and
reasonable skill and care to progress settlement of the deemed dispute,
all under the Party Wall Act.
We can act as Party Wall Surveyors
for owners carrying out the
works, or the
neighbouring owners
that have been served with a
notice;
or even act for both parties as a single
'agreed' surveyor.
Our understanding of a broader range of neighbourly subject matters such as
encroachment, trespass, easements, boundary
disputes and
un-authorised work can assist in early conclusion of party wall
matters. Whether you are a residential house owner or a
commercial developer, contractor, tenant or landlord, we can assist and act
as your party wall surveyor. We can issue the relevant party wall
notices, attend to the neighbouring buildings to undertake a worded and
photographic schedule of condition prior to the works, discuss and agree a
party wall award with appointed surveyors.
Party wall costs can vary
considerably and is very much dependent on whether the neighbouring
adjoining owner 'consents' (in which case the fee may simply be a nominal
amount for serving the initial notices). If the adjoining owner 'dissent'
to the notice and appoints either the same surveyor as you (agreed
surveyor) or an independent party wall surveyor, this process unfortunately
becomes a bit more costly, as the party wall award document including the schedule of
condition and negotiations with adjoining surveyors may be necessary in concluding the dispute and safeguarding
the respective owners interests. Further
frequently asked questions information can be found
at this link: Fees / Q&A
These two downloaable quick guides are very useful and contain information on preparing your own notices and procedure of appointing a surveyor.
Do give us a call and we can
guide you through the Party Wall Etc Act 1996 maze and the various fees that may
apply and maybe even try and save you some applicable fees of considering
alternative designs.
If you feel stuck on a party wall matter, you feel that your surveyor is
unable or not sufficiently guiding you, or you just need to find a solution through
the process, feel free to call us.
CASE STUDY EXAMPLES OF OUR
WORK
