The first step in any party wall procedure is for the party proposing the works to notify any affected adjoining owners.
Works falling within the scope of the Act break down into three categories:
Our party wall surveyors have the combination of technical and legal knowledge required to ensure that notices are valid and that the response is as favourable as possible.
Our surveyors remain available to assist as necessary following the service of notices. The form that assistance takes depends upon the adjoining owner’s response.
The adjoining owner will have three options when responding to a notice;
Having the notices prepared by one of our specialist party wall surveyors will increase the chances of the adjoining owner selecting one of the first two options, preventing you from paying for two surveyors.
To improve the chances of consent, we recommend including an offer to pay for a schedule of condition when serving notice.
A schedule of condition is a detailed written record of those parts of the adjoining owner’s property which are at risk from the proposed works, together with supporting photographs.
Having such a record on file will be very useful should there be a damage claim either during or following the works.
In our experience, adjoining owners take much more notice of the condition of their property during neighbouring works and often assume that any cracks they see are new.
How you respond to a party wall notice depends on how concerned you are about the proposals.
If the works are relatively straightforward and properly described in the notice pack, you may decide to consent.
If you decide to consent, we recommend that the condition of the parts of your property which are at risk from the proposed works are recorded in a schedule of condition in case you suspect damage once the works commence.
If you are concerned about the works, and the building owner does not alleviate those concerns, you can appoint your own surveyor, either the same one as the building owner or a surveyor of your choice.
Our team of specialist party wall surveyors in East London are very experienced in reducing the risk of damage and putting measures in place to ensure that inconvenience is kept to a minimum.
Where a notice has been dissented to, the Party Wall Act confirms that a “dispute” arises, and the appointed surveyor(s) have a duty to resolve that dispute.
They must act impartially and balance the interests of the owners.
The terms agreed by the surveyors are set out in a document known as a party wall award.
The party wall award will authorise the notified works but place obligations on the building owner to ensure that the risk of damage is reduced as far as reasonably possible.
It will also include measures to ensure that the occupiers of the adjoining owner’s property do not suffer unnecessary inconvenience.
We charge a flat fee of £65 plus VAT per adjoining owner to prepare and serve the party wall notices.
The cost of preparing a schedule of condition will typically be between £450 and £650 plus VAT depending upon the scope of the works and the size of the adjoining property.
Where a dispute arises, the building owner is responsible for the surveyors’ reasonable fees.
Fees to building owners vary depending upon the scope of the works, the number of affected adjoining properties and how their owners respond to the notices.
But, if you email us a copy of the drawings, we’ll be happy to provide a competitive fixed fee covering the various scenarios.
The adjoining owner’s surveyor’s fee is not known in advance as it’s charged by the hour and is uncapped.
There are mechanisms within the Act which try to keep such party wall surveyor fees reasonable.
But, as a building owner, the best way to do that is to choose a surveyor who has the skill and experience to anticipate issues, address them in advance and limit the time input of their counterpart.
If you require free advice or a quote in relation to a residential surveying matter in East London or Essex please contact us today.
The Party Wall Act covers 3 distinct areas of work; changes to an existing party structures, the construction of new walls at the boundary and excavation within 3 or 6 metres of a shared or adjoining structure. An owner proposing to undertake any such work (known as the “building owner”) is required to formally notify the owners of affected neighbouring properties.
If the owner of the neighbouring property (known as the “adjoining owner”) does not consent to the notice, a dispute arises and both parties must appoint a surveyor, or concur in the appointment of a single ‘agreed’ surveyor. The surveyors produce a document called a “party wall award”.
The award confirms the building owner’s right to undertake the work but only in a way that minimises the risk of damage and ensures that the occupants of the adjoining owner’s property do not suffer unnecessary inconvenience. As part of the process, the condition of the adjoining owner’s property is recorded so that if damage is reported either during or following the works, there is a prior record to check it against.
If you require free advice or a quote in relation to a residential surveying matter in East London or Essex please contact us today.
East London and neighbouring parts of Essex have been on an upwards trajectory in recent years, boosted by investment relating to the 2012 Olympics and the opening of Crossrail.
Investment has poured into areas such as Stratford, which has one of the biggest shopping centres in the country and Newham which is the focus of the post Olympics London Legacy Development Corporation. Areas earmarked for regeneration include Bromley by Bow, Canning Town and Custom House.
Our team of surveyors cover the whole of East London and are familiar with all the typical property types from the period houses common in areas such as Leytonstone and Hackney to modern apartments blocks closer to the centre of London. If you require advice in relation to a property in East London or Essex, call us today.
Telephone: 020 8530 2555
Email: surveying@peterbarry.co.uk
If you require free advice or a quote in relation to a residential surveying matter in East London or Essex please contact us today.
Leading London-based party wall specialists with a 35+ year history.
Breadth & depth of expertise provided by experienced team of RICS surveyors.
Straight forward and honest professional, impartial advice.
Up-to-date understanding of best practice and case law through training and CPD.
Members of relevant governing bodies – RICS, FPWS, P&T.
The Party Wall etc. Act 1996 came into force on 1st July 1997 and is now enshrined in English law. It stipulates the rights and responsibilities that must be observed for anyone planning to work falling within its scope. Read more about the Act here.
For surveyors who undertake this form of work day in day out, it can be easy to assume that there is good general understanding as to what a party wall award includes and entails. That assumption is regularly proven wrong when our team is speaking to potential clients and detailing the 3 response options to the notices. Learn about party wall agreements here.
Completing the party wall awards is often the last part of the jigsaw required to allow work to commence on site and the process which leads up to that point can be delayed for any number of reasons; from technical queries relating to the proposed works to the appointed surveyors’ holiday arrangements. It’s therefore advisable to get started as soon as possible but when is the perfect time to start the process by serving notice?
It is not uncommon to discover that your neighbour has gone ahead with building works that technically fall under party wall legislation. Indeed, at Peter Barry Surveyors, we are used to getting two or three phone calls a week from Adjoining Owners whose neighbours are carrying out qualifying works without having served notice as legally required by the Party Wall Act. Click here to learn what to do when your neighbour ignores the Party Wall Act.
We cover the East of London & Essex from our offices at 23-27 Electric Parade, George Lane, London, E18 2LS, including the areas noted below.