Role of Party Wall Surveyors - Revision history

Designing Buildings at 07:14, 1 March 2021

2021-03-01T07:14:47Z

← Older revision		Revision as of 07:14, 1 March 2021
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	* Who Pays for Party Wall Surveyor's Fees?		* Who Pays for Party Wall Surveyor's Fees?

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Designing Buildings at 12:20, 9 February 2020

2020-02-09T12:20:32Z

← Older revision		Revision as of 12:20, 9 February 2020
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		+	= Introduction =
		+
	A Party Wall Surveyor specialises in resolving Party Wall Disputes that may arise under the Party Wall etc. Act 1996.		A Party Wall Surveyor specialises in resolving Party Wall Disputes that may arise under the Party Wall etc. Act 1996.

	Under the Act and within England and Wales, disputes can arise between homeowners who directly share a wall, often referred to as a Party Wall, or when homeowners are in close proximity to each other and building works such as a structural works to the Party Wall, rear or side extension, or basement conversion are taking place.		Under the Act and within England and Wales, disputes can arise between homeowners who directly share a wall, often referred to as a Party Wall, or when homeowners are in close proximity to each other and building works such as a structural works to the Party Wall, rear or side extension, or basement conversion are taking place.

−	~~So who can be a Party Wall Surveyor?~~	+	There are no specific qualifications that are required to be appointed as a Party Wall Surveyor, however, Section 20 of the Act confirms: “surveyor” means any person not being a party to the matter appointed or selected under section 10 to determine disputes in accordance with the procedures set out in this Act
−		+
−	There are no specific qualifications that are required to be appointed as a Party Wall Surveyor, however, Section 20 of the Act confirms:	+
−		+
−	“surveyor” means any person not being a party to the matter appointed or selected under section 10 to determine disputes in accordance with the procedures set out in this Act	+

	This effectively means that anyone can be a Party Wall Surveyor as long as they are not a party to the works.		This effectively means that anyone can be a Party Wall Surveyor as long as they are not a party to the works.

−	~~What are the~~ Party ~~Wall Procedures?~~	+	= Party wall procedures =

	The first step of the Party Wall procedure is for the building owner to serve a Party Wall Notice upon the adjoining owner if the building works they are carrying out is “notifiable” under the Party Wall etc. Act 1996.		The first step of the Party Wall procedure is for the building owner to serve a Party Wall Notice upon the adjoining owner if the building works they are carrying out is “notifiable” under the Party Wall etc. Act 1996.

−	The ~~[https://www.blsurveyors.com/services/party-wall/party-wall-notices/~~ Party Wall Notice] notifies the adjoining owners of the building owner’s proposed works and prompts them for a response ~~option in relation to the works~~. Under the Party Wall etc Act 1996, it isn’t necessary to have a Party Wall Surveyor serve the Party Wall Notice ~~and~~ can be done by the building owner, however, it ~~is highly~~ recommended that a Party Wall Surveyor does this as it will avoid invalid service which ~~will ultimately~~ cause delays.	+	The Party Wall Notice notifies the adjoining owners of the building owner’s proposed works and prompts them for a response. Under the Party Wall etc Act 1996, it isn’t necessary to have a Party Wall Surveyor serve the Party Wall Notice, this can be done by the building owner, however, it can be recommended that a Party Wall Surveyor does this as it will avoid invalid service which may cause delays.

	Once an adjoining owner receives the Party Wall Notice, they can respond with one of the three following options:		Once an adjoining owner receives the Party Wall Notice, they can respond with one of the three following options:

−	~~Response Option 1)~~	+	* Consenting to the works (with or without a Schedule of Condition report)
−		+	* Dissenting to the Party Wall Notice and appointing their own Party Wall Surveyor
−	Consenting to the works (with or without a Schedule of Condition report)	+	* Dissenting to the Party Wall Notice and agreeing to the appointment of an Agreed Surveyor. An Agreed Surveyor means that one Party Wall Surveyor acts impartially on behalf of the building owner and the adjoining owner.
−		+
−	~~Response Option 2)~~	+
−		+
−	Dissenting to the Party Wall Notice and appointing their own Party Wall Surveyor	+
−		+
−	~~Response Option 3)~~	+

−	~~Dissenting~~ to the ~~Party Wall Notice and agreeing in the appointment of an Agreed Surveyor. An Agreed Surveyor means that one Party Wall Surveyor acts impartially on behalf of the building owner and the adjoining owner.~~	+	= Consenting to the works =

−	Consenting to the ~~Works~~	+	Consenting to the Party Wall Notice essentially reserves the adjoining owner’s rights to be protected under the Party Wall etc Act 1996, therefore the further review and input of a Party Wall Surveyor will not be required.

−	~~Consenting to~~ the Party Wall ~~Notice essentially reserves your (~~the adjoining owner’s~~) rights to be protected under~~ the ~~Party Wall etc Act 1996~~, ~~therefore~~ the ~~further review~~ and ~~input of a Party Wall Surveyor will not be required~~.	+	If the adjoining owners consent and request that a Schedule of Condition Report is prepared, the Party Wall Surveyor will carry out the inspection of the adjoining owner’s property and then later compile the report. Once this report is complete, the building owner is free to go ahead and undertake with the works.

−	~~If you (the adjoining owner) consent~~ and request a [https://www.blsurveyors.com/services/surveying/schedule-condition-report/ Schedule of Condition Report] is undertaken, the Party Wall Surveyor would simply have to carry out the inspection of the adjoining owner’s property and then later compile the report. Once this report has been undertaken and is complete, the building owner is free to go ahead and undertake with the works.	+	= Dissenting and appointing their own party wall surveyor =

−	~~Dissenting~~ to the Party Wall Notice and ~~appointing~~ their own Party Wall Surveyor	+	If the adjoining owner decides to dissent to the Party Wall Notice and appoints their own Party Wall Surveyor, then the building owner’s Party Wall Surveyor will have to prepare a Schedule of Condition Report alongside the adjoining owner’s Party Wall Surveyor.

−	~~If the~~ adjoining ~~owner decides to dissent to the Party Wall Notice and appoints their own Party Wall Surveyor, then the building~~ owner’s Party Wall Surveyor will ~~have to carry out~~ Schedule of Condition Report ~~alongside the adjoining owner’s~~ Party Wall ~~Surveyor~~.	+	The adjoining owner’s Party Wall Surveyor will cross-check the Schedule of Condition Report to ensure it is accurate and fair and then proceed to agree a Party Wall Award (commonly referred to as a Party Wall Agreement) which includes governing the notifiable works.

−	~~The adjoining owner’s Party Wall Surveyor will then cross-check~~ the ~~Schedule~~ of ~~Condition Report to ensure it is accurate and fair and then proceed to agree a Party Wall Award (commonly referred to as a Party Wall Agreement) which includes governing the notifiable works.~~	+	= Dissenting and agreeing in the appointment of an agreed surveyor =

−	Dissenting to the Party Wall Notice and agreeing in the appointment of an Agreed Surveyor	+	Dissenting to the Party Wall Notice and agreeing to the appointment of an Agreed Surveyor simply means that the adjoining owner who the Party Wall Notice was served upon has agreed for their Party Wall Surveyor to be mutually appointed by the building owner.

−	~~Dissenting to the~~ Party Wall ~~Notice and agreeing~~ in the ~~appointment~~ of ~~an Agreed Surveyor simply means that~~ the adjoining ~~owner who the~~ Party Wall ~~Notice was served upon has agreed for their Party Wall Surveyor to be mutually appointed by~~ the ~~building owner~~.	+	The Party Wall Surveyor, in this case, would then proceed to carry out the Schedule of Condition Report of the adjoining owner’s property and then draft and serve a Party Wall Award that will govern the works.

−	The Party Wall Surveyor, in this case, would then proceed to carry out the Schedule of Condition Report of the adjoining owner’s property and then proceed this by drafting and serving Party Wall Award that will govern the works.	+	= After the works are complete =

−	~~What happens Post Work?~~	+	Once the building owner’s works are complete the Party Wall Surveyor is able to carry out a check-off inspection. At this time the Party Wall Surveyor will look at the original Schedule of Condition Report and cross-check the condition of the property to ensure there are no areas of damage or other issues.

−	~~Once the building owner’s works are complete the Party Wall Surveyor~~ is ~~then able to carry out a check-off inspection. At this time~~ the Party Wall Surveyor ~~will look at~~ the ~~original Schedule of Condition Report and cross-check~~ the ~~condition of~~ the ~~property post works~~ to ~~ensure there are no areas of damages or issue~~.	+	If there is damage, the Party Wall Surveyor can ask the building owner to either, make good the damage, or provide the adjoining owner with compensation so they can instruct their own contractor to make good.

−	If there are damages the Party Wall Surveyor can then ask the building owner to either, make good the damage and repair or provide the adjoining owner with compensation so they can they instruct their own contractor to make good.	+	Related articles on Designing Buildings Wiki

−	Party ~~Wall procedures can often be confusing, therefore I would recommend speaking to a [https://www~~.~~blsurveyors~~.~~com/~~ Party Wall ~~Surveyor] early on in the process if you~~ are ~~planning on undertaking works to your property, or if your neighbour is planning on undertaking the works~~.	+	* Adjoining buildings definition.
		+	* Appointing consultants.
		+	* Basement excavation.
		+	* Building an extension.
		+	* Fence.
		+	* Line of junction notice.
		+	* Load-bearing wall.
		+	* Neighbour.
		+	* Party structure notice.
		+	* Paerty wall act.
		+	* Party wall surveyor.
		+	* Preventing wall collapse.
		+	* Responsibility for boundary features.
		+	* Right of support.
		+	* Statutory approvals.
		+	* Statutory authorities.
		+	* Trespass.
		+	* Wall types.
		+	* What approvals are needed before construction begins.
		+	* Who Pays for Party Wall Surveyor's Fees?

−	[[Category:Organisations]] [[Category:Projects_and_case_studies]] [[Category:Publications_/_reports]] [[Category:Theory]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Cost_/_business_planning]] [[Category:Roles_/_services]]	+	[[Category:Organisations]] [[Category:DCN_Organisation]] [[Category:Projects_and_case_studies]] [[Category:DCN_Project_Knowledge]] [[Category:Publications_/_reports]] [[Category:Theory]] [[Category:Property_law]] [[Category:Regulations]] [[Category:DCN_Regulation]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Cost_/_business_planning]] [[Category:Roles_/_services]]

Berrylodge: Created page with "A Party Wall Surveyor specialises in resolving Party Wall Disputes that may arise under the Party Wall etc. Act 1996. Under the Act and within England and Wales, disputes can ar..."

2020-02-06T15:24:15Z

Created page with "A Party Wall Surveyor specialises in resolving Party Wall Disputes that may arise under the Party Wall etc. Act 1996. Under the Act and within England and Wales, disputes can ar..."

New page

A Party Wall Surveyor specialises in resolving Party Wall Disputes that may arise under the Party Wall etc. Act 1996.

Under the Act and within England and Wales, disputes can arise between homeowners who directly share a wall, often referred to as a Party Wall, or when homeowners are in close proximity to each other and building works such as a structural works to the Party Wall, rear or side extension, or basement conversion are taking place.

So who can be a Party Wall Surveyor?

There are no specific qualifications that are required to be appointed as a Party Wall Surveyor, however, Section 20 of the Act confirms:

“surveyor” means any person not being a party to the matter appointed or selected under section 10 to determine disputes in accordance with the procedures set out in this Act

This effectively means that anyone can be a Party Wall Surveyor as long as they are not a party to the works.

What are the Party Wall Procedures?

The first step of the Party Wall procedure is for the building owner to serve a Party Wall Notice upon the adjoining owner if the building works they are carrying out is “notifiable” under the Party Wall etc. Act 1996.

The [https://www.blsurveyors.com/services/party-wall/party-wall-notices/ Party Wall Notice] notifies the adjoining owners of the building owner’s proposed works and prompts them for a response option in relation to the works. Under the Party Wall etc Act 1996, it isn’t necessary to have a Party Wall Surveyor serve the Party Wall Notice and can be done by the building owner, however, it is highly recommended that a Party Wall Surveyor does this as it will avoid invalid service which will ultimately cause delays.

Once an adjoining owner receives the Party Wall Notice, they can respond with one of the three following options:

Response Option 1)

Consenting to the works (with or without a Schedule of Condition report)

Response Option 2)

Dissenting to the Party Wall Notice and appointing their own Party Wall Surveyor

Response Option 3)

Dissenting to the Party Wall Notice and agreeing in the appointment of an Agreed Surveyor. An Agreed Surveyor means that one Party Wall Surveyor acts impartially on behalf of the building owner and the adjoining owner.

Consenting to the Works

Consenting to the Party Wall Notice essentially reserves your (the adjoining owner’s) rights to be protected under the Party Wall etc Act 1996, therefore the further review and input of a Party Wall Surveyor will not be required.

If you (the adjoining owner) consent and request a [https://www.blsurveyors.com/services/surveying/schedule-condition-report/ Schedule of Condition Report] is undertaken, the Party Wall Surveyor would simply have to carry out the inspection of the adjoining owner’s property and then later compile the report. Once this report has been undertaken and is complete, the building owner is free to go ahead and undertake with the works.

Dissenting to the Party Wall Notice and appointing their own Party Wall Surveyor

If the adjoining owner decides to dissent to the Party Wall Notice and appoints their own Party Wall Surveyor, then the building owner’s Party Wall Surveyor will have to carry out Schedule of Condition Report alongside the adjoining owner’s Party Wall Surveyor.

The adjoining owner’s Party Wall Surveyor will then cross-check the Schedule of Condition Report to ensure it is accurate and fair and then proceed to agree a Party Wall Award (commonly referred to as a Party Wall Agreement) which includes governing the notifiable works.

Dissenting to the Party Wall Notice and agreeing in the appointment of an Agreed Surveyor

Dissenting to the Party Wall Notice and agreeing in the appointment of an Agreed Surveyor simply means that the adjoining owner who the Party Wall Notice was served upon has agreed for their Party Wall Surveyor to be mutually appointed by the building owner.

The Party Wall Surveyor, in this case, would then proceed to carry out the Schedule of Condition Report of the adjoining owner’s property and then proceed this by drafting and serving Party Wall Award that will govern the works.

What happens Post Work?

Once the building owner’s works are complete the Party Wall Surveyor is then able to carry out a check-off inspection. At this time the Party Wall Surveyor will look at the original Schedule of Condition Report and cross-check the condition of the property post works to ensure there are no areas of damages or issue.

If there are damages the Party Wall Surveyor can then ask the building owner to either, make good the damage and repair or provide the adjoining owner with compensation so they can they instruct their own contractor to make good.

Party Wall procedures can often be confusing, therefore I would recommend speaking to a [https://www.blsurveyors.com/ Party Wall Surveyor] early on in the process if you are planning on undertaking works to your property, or if your neighbour is planning on undertaking the works.

[[Category:Organisations]] [[Category:Projects_and_case_studies]] [[Category:Publications_/_reports]] [[Category:Theory]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Cost_/_business_planning]] [[Category:Roles_/_services]]