The Act covers three distinct types of work; the construction of new walls at the boundary, alterations to party structures (generally walls but may also be floors) and excavation close to neighbouring properties. When undertaking any of these works you will need to issue a formal legal notice under the Party Wall etc Act 1996 to the adjoining owner/s.
If you are unsure if your works are notifiable, we can check your plans and tell you whether your works require a notice to be served - free of charge. All you need to do is send a copy of your plans to us.
Once the Notice/s are served (and if the adjoining owner/s consent to the notified works is not forthcoming) the parties are deemed to be ‘in dispute’ under the Act and surveyors must be appointed so that the dispute can be resolved by way of a Party Wall Award (often also called a Party Wall Agreement).
If you are planning on undertaking work that falls within the scope of the Act, or have received a notice informing you of proposed works that may affect your property, you are very welcome to contact us for some advice. Alternatively, you can immediately appoint us to be your surveyor by completing the contact form here.
A Schedule of Condition is a written and photographic record of the adjoining owners’ property. It is taken before works start to show the condition of the areas close to the proposed work area/s. The schedule of condition can then be used during or after the works to confirm if any damage has been done to the adjoining owners’ property.
Whether to be undertaken as part of an Award, or for a consent, all our schedules of condition are undertaken to the highest standard.
After the schedule of condition, the Surveyors (or Agreed Surveyor) draft the Party Wall Award. The Award is the legal documentation allowing the Building Owner to undertake their building works; importantly it also contains requirements, constraints and details of the works.
If the two appointed surveyors fail to agree upon any of the issues in dispute, they can make a referral to a previously selected Third Surveyor. An Agreed Surveyor however will not be able to have matters referred to a Third Surveyor.
Once the Award has been drafted and signed it then must be served upon the parties “forthwith”. In practice this is usually in person, by email and/or by first class post.
Once the Award is served it comes into effect. There is the ability to challenge the Award in the County Court within 14 days of service should the surveyor/s have erred in law.