Blogs
Why do I need a Party Wall Surveyor as a Building Owner?
Tuesday 17th December 2024
Carl O'Boyle BSc MRICS FCIOB MFPWS
As a Party Wall Surveyor appointed by the Building Owner, your role is to ensure that the Building Owner fulfils their legal obligations in accordance with the provisions of the Party Wall etc. Act 1996. Whilst you are appointed by the Building Owner, your duty is to act impartially, as required by law. Below is a detailed outline of your responsibilities and the service you provide to the Building Owner.
1. Initial Consultation & Advice
• Explanation of Obligations: You will provide guidance to the Building Owner on the nature and extent of their obligations under the Party Wall etc. Act 1996.
• Identification of Affected Adjoining Owners: You will ascertain which adjoining owners must be notified. This includes freeholders, leaseholders, and in some cases, tenants with an interest in the property.
• Service of Party Wall Notice: You will draft and serve formal notices upon the adjoining owners. The notice will outline the proposed works, specify when they are to commence, and invite the adjoining owner to either consent or dissent. The notice must comply with statutory requirements, and the adjoining owner is afforded either 14 days or one month to respond, depending on the type of notice served.
2. Managing the Responses of Adjoining Owners
Handling Responses to the Notice:
Should the adjoining owner consent, no further action is required, and the Building Owner may proceed with the works.
If the adjoining owner either dissents or fails to respond, a formal dispute is deemed to have arisen. In such cases, you will act as the surveyor to facilitate a resolution.
Preparation of the Party Wall Award: Where a dispute exists, you will prepare a Party Wall Award (sometimes referred to as an agreement). This document sets out the scope of the proposed works, the manner in which they are to be executed, and the steps required to safeguard the adjoining owner’s property.
3. Preparation of the Party Wall Award
Inspection & Schedule of Condition: Before the works commence, you will conduct an inspection of the adjoining owner’s property. This is to record the existing condition of the property in a Schedule of Condition, typically including both a written description and photographic evidence. This document protects both parties by providing an accurate record of the property’s state prior to commencement of the works.
Drafting of the Award: The Party Wall Award will set out:
1. The scope and nature of the works to be undertaken by the Building Owner.
2. Specific working hours, the method of execution, and the provision of any temporary works (e.g., shoring or protection measures) necessary to safeguard the adjoining property.
3. Allocation of costs (typically borne by the Building Owner) and any security for expenses that may be required.
4. Dispute resolution procedures to be followed should any issues arise during the works.
Issuance of the Award: The Party Wall Award is finalised, signed by the surveyors (yours and, if applicable, the adjoining owner’s surveyor), and served upon all relevant parties. It is a legally binding document. Both the Building Owner and the adjoining owner have the right to appeal the Award at the County Court within 14 days.
4. Monitoring & Supervision of Works
Periodic Inspections: During the execution of the works, you may be required to conduct site visits to ensure that the works are being undertaken in strict accordance with the terms set out in the Party Wall Award.
Variations or Amendments: If changes are made to the scope of the works, a revised or supplementary Award may be required. You will manage any necessary adjustments to ensure the process remains compliant with the Act.
5. Dispute Resolution
If a dispute arises during the course of the works, you will act as an intermediary to mediate and, if necessary, amend the Award to resolve the matter. In cases where no resolution is possible through negotiation, a supplementary Party Wall Award may be required to formally address the issue.
6. Completion of Works & Final Inspection
Post-Works Inspection: Upon completion of the works, you will conduct a final inspection of the adjoining owner’s property to identify any potential damage that may have arisen as a result of the works.
Assessment of Damage & Remedial Action: Should any damage be found, you will assess the extent of the damage and advise on the appropriate course of action, whether that be the repair of the damage or compensation for the adjoining owner.
What This Means for the Building Owner
1. Legal Compliance: The Party Wall Surveyor ensures that the Building Owner fulfils their statutory obligations under the Party Wall etc. Act 1996. This helps to avoid any breaches of the Act, which could otherwise result in fines, injunctions, or unnecessary delays.
2. Avoidance of Delays: By guiding the process from the outset, the Party Wall Surveyor ensures that notices are properly served, deadlines are met, and works are not unnecessarily delayed.
3. Protection of Position: The Schedule of Condition protects the Building Owner from unsubstantiated claims of damage.
4. Expertise & Professional Guidance: The Party Wall Surveyor brings specialist knowledge of the Party Wall etc. Act 1996, ensuring all legal, technical, and procedural requirements are met, thereby mitigating risk for the Building Owner.
