ARE YOU PLANNING WORK THAT FALLS WITHIN THE PARTY WALL ACT?
If your construction project falls under the Party Wall Act, understanding your obligations is crucial. Our experts are ready to assist you in serving the appropriate notices and safeguarding your project’s compliance. Navigate these intricate procedures with confidence. Contact us for clear, professional guidance that’s specifically tailored to your project’s needs.
YOUR RIGHTS AND RESPONSIBILITIES AS THE BUILDING OWNER
Are you planning to embark on significant building work such as an extension, loft conversion, or other major renovation? If so, it’s vital to consider how these projects might activate the Party Wall Act’s requirements. At Viewpoint Surveying, we’re here to streamline this process for you. Our skilled team provides crucial guidance and support, ensuring your project proceeds smoothly while maintaining good relations with your neighbors and adhering to legal obligations. Let us help you manage these critical aspects with confidence and professionalism, making your construction journey a seamless and compliant experience.
Your Responsibilities as the Building Owner
- Notify your neighbours before starting work.
- Repair any damage caused by the construction.
- Comply with the Party Wall Act’s regulations.
Influencing the Work
- While you can’t be stopped from legally permitted work, be mindful of its impact on neighbours.
- Understand that a lack of response from a neighbour to a notice is treated as a ‘dispute.’
- In case of a dispute, you may need to appoint a surveyor on behalf of your non-responding neighbour.
Considering Your Neighbors’ Experience
- Acknowledge concerns about potential noise and disruptions from the construction.
- Ensure that the Party Wall Act is followed to balance your construction needs with your neighbours’ rights.
Your Responsibilities to the Adjoining Owner
- Respect the adjoining owner’s right to appoint a surveyor for dispute resolution.
- Ensure your construction minimizes inconvenience and protects the adjoining property.
Role of the Appointed Surveyor(s)
- The surveyor(s) will prepare an ‘award’ that outlines specifics of the work, including timing and protective measures.
- Document the condition of the adjoining property before work begins to identify any damage caused by the construction.
- Oversee compliance with the award, diligently manage and promptly address any complex issues that arise.
Financial Responsibilities for Surveyor Fees
- As the Building Owner, you are typically responsible for covering the surveyor fees.
WE'RE HERE TO HELP: CONTACT VIEWPOINT SURVEYING
PARTY WALL SERVICES
Party Wall Award
Schedule of Condition
Party Wall Notices
TESTIMONIALS
When we received a party wall notice for a neighbouring loft conversion, we appointed Terry from Viewpoint Surveying as the agreed surveyor. He was immediately available for a conversation and answered all of my questions with patience and expertise. His guidance was invaluable, and his professionalism top-notch. Highly recommend Viewpoint Surveying for anyone navigating similar situations!
Clare & David
After receiving a party wall notice from my neighbour about their loft conversion, I was unsure of how to proceed. A friend recommended Viewpoint Surveying, having previously appointed Terry for their own needs. I decided to follow their advice and appointed Terry as my surveyor. He was thorough, professional, and ensured my interests were safeguarded throughout the process. So thankful for the recommendation and Terry’s expertise. Highly recommend Viewpoint Surveying for peace of mind!
Thomas
Had an excellent experience with Viewpoint Surveying, particularly with Terry. After serving the party wall notices, the neighbour opted for a schedule of condition to be carried out prior to the works. Terry efficiently managed the process and provided a thorough schedule of condition. He’s professional, communicative, and reliable. Highly recommend!
Joy & Alfred
When we received a party wall notice for a neighbouring loft conversion, we appointed Terry from Viewpoint Surveying as the agreed surveyor. He was immediately available for a conversation and answered all of my questions with patience and expertise. His guidance was invaluable, and his professionalism top-notch. Highly recommend Viewpoint Surveying for anyone navigating similar situations!
Clare & David
After receiving a party wall notice from my neighbour about their loft conversion, I was unsure of how to proceed. A friend recommended Viewpoint Surveying, having previously appointed Terry for their own needs. I decided to follow their advice and appointed Terry as my surveyor. He was thorough, professional, and ensured my interests were safeguarded throughout the process. So thankful for the recommendation and Terry’s expertise. Highly recommend Viewpoint Surveying for peace of mind!
Thomas
Had an excellent experience with Viewpoint Surveying, particularly with Terry. After serving the party wall notices, the neighbour opted for a schedule of condition to be carried out prior to the works. Terry efficiently managed the process and provided a thorough schedule of condition. He’s professional, communicative, and reliable. Highly recommend!
Joy & Alfred
Frequently Asked Questions
FREQUENTLY ASKED QUESTIONS
For more detailed information and answers to frequently asked questions, please consider visiting our blog. You’ll find comprehensive insights and extended discussions on various topics related to our field of expertise.
You must issue a Party Wall Notice for three specific types of property work:
Actions Affecting a Party Wall, Structure, or Party Fence Wall: Legal obligation exists to notify the adjacent owner with a Party Wall Notice at least two months before starting work that involves these elements.
Excavations within Three or Six Meters of Any Adjacent Structure: For this type of work, it’s necessary to issue a Party Wall Notice to the neighbouring owner at least one month before beginning the work. Additionally, for these excavations to fall under the Party Wall Act, they must be deeper than the existing foundations of the adjoining owner’s property.
Erecting New Walls: When building a new wall up to or across the boundary line, it’s mandatory to issue a Party Wall Notice to the adjacent owner at least one month prior to the commencement of construction. The Party Wall procedures are designed to protect the interests of both the building owner and the adjacent owners.
Indeed, a building owner is legally permitted to issue their own Party Wall Notice. Often, particularly when there is a positive relationship with neighbours, handling the Party Wall Notice process personally can be the most effective method.
If the adjoining owner does not respond to the Party Wall Notice, the building owner has to appoint a Party Wall Surveyor for the unresponsive neighbour. This surveyor assumes all responsibilities as if they were directly chosen by the neighbour. The goal is to secure a Party Wall Award, agreed upon by two appointed Party Wall Surveyors, which grants the building owner the legal authority to start their site work.
A Schedule of Condition Report serves as a documented and photographic account of the adjoining owner’s property before the start of the building owner’s construction activities. Its purpose is to provide a reliable record in the event of any damage, or claimed damage, to the adjoining owner’s property caused by the building owner’s work. This ensures that Party Wall Surveyors have a concrete basis to ascertain whether the damage occurred due to the construction and to address it suitably.
The Party Wall Award is a legal document that typically comes into effect at the end of the party wall procedures. This Award not only regulates the proposed works of the building owner but also importantly outlines the types of protections available to the adjoining owner under the Act’s procedures.
The time frames at which Party Wall procedures take will very much depend on the overall work that is taking place, the quality of the information to hand, the Party Wall Surveyors themselves and any other matters relating to the Party Wall matters.
It is always a difficult time frame to give, as in the very first instance Part Wall procedures timings are out of the hands of the Party Wall Surveyors or the building owner, and are effectively in the hands of the adjoining owner while their Party Wall Notice response is awaited.
We would advise discussing the Party Wall procedural timings with your Party Wall Surveyor in advance of embarking on them to ensure that you are well aware of any potential delays to your construction plans.
Under the Party Wall etc Act 1996, it is the building owner, who is the owner undertaking the works, who is liable for the reasonable Party Wall Surveying costs.
These costs include, however are not limited to, the Surveyor’s costs, inspection costs, and the agreement of a Party Wall Award.
If the adjoining owner’s property is damaged due to the building owner’s construction work, the Party Wall etc. Act 1996 mandates that the building owner must rectify the damage to the satisfaction of the Party Wall Surveyor. Typically, there are two ways to address this damage.
Repair by Building Owner’s Contractor: The contractor of the building owner will directly repair the damage to the adjoining owner’s property.
Compensation for Self-Repairs: The adjoining owner has the option to request a monetary compensation instead. This allows them to hire their own contractor at their convenience to repair the damage.
The choice of damage repair method rests solely with the adjoining owner and should be made independently of any influence or suggestions from the building owner or the Party Wall Surveyor.
The Party Wall etc Act 1996 is designed to facilitate construction, so the building owner is legally entitled to start their work, provided they have completed all the required steps for obtaining consents. The party wall process includes finalizing a Party Wall Award, which is essential for protecting both the building owner and, importantly, the adjoining owner.
Legally, the building owner is not permitted to begin their proposed work until the Party Wall Award is agreed upon and established.
