Designing Buildings - User contributions [en]

Construction covered by the Party Wall Act of 1996

2020-04-23T11:44:47Z

Berrylodge: Created page with "When discussing works that fall within the remit of the Party Wall etc Act 1996, we must understand and be able to differentiate between works that are ‘notifiable’ and works..."

When discussing works that fall within the remit of the Party Wall etc Act 1996, we must understand and be able to differentiate between works that are ‘notifiable’ and works that are not covered within the Act, also known as “non-notifiable” works.

The term notifiable is often used within the Act and referrers to works that may be taking place within a homeowner’s property (known as the building owner under the Party Wall etc Act 1996). If the proposed works that the building owner is undertaking affects any of the neighbouring properties (known as the adjoining owner’s property under the Party Wall etc Act 1996), then [https://www.blsurveyors.com/services/party-wall/ Party Wall procedures] will apply.

Notifiable works usually fall within different categories and are notifiable under different Sections of the Act. In my experience, notifiable works usually include:

* Excavations taking place near an adjoining owner’s property, including walls, outhouses or garden structures.
* Works taking place which directly affect a party structure or party wall, commonly structural works to a party wall or party structure.
* New walls being built up to, or astride ‘the line of junction’ (commonly the boundary line ) between two or more properties.

I will now take a closer look at these works:

Excavations taking place near an adjoining owner’s property, including walls, outhouses or garden structures

[[File:3m-Party-Wall-excavtions-dont-have-to-be-confusing-www.blsurveyors.com_-1024x668.jpg|412px]] [[File:6m-Party-Wall-excavtions-dont-have-to-be-confusing-www.blsurveyors.com_-1024x678.jpg|403px]]

Excavation works taking place within a building owner’s land would still be notifiable, as excavating near any structure poses a risk to the foundations beneath those structures. There are other factors such as soil movement and the manner in which the excavations are undertaken to also consider that may contribute to potential movement to the structure.

The Sections of the Act that would apply are;

6(1): Excavate to accommodate the foundations to a proposed extension within 3 metres

6(2): Excavate to accommodate the foundations to a proposed extension within 6 metres where it cuts at a 45 degree angle measured from the adjoining owner’s footing

In my experience, this Section of the Act tends to come into play with rear extensions or basement conversions.

Works taking place which directly affect a party structure or party wall, commonly structural works to a party wall or party structure

[[File:Are-you-removing-a-patywall-chimney-breast_-Make-sure-you-serve-patywall-notice--1024x768.jpg|424px]]

Works that directly affect a party structure or party wall have a two month notice period. This means that a building owner will need to serve party wall notice upon the adjoining owner a minimum of two months before they intend to commence the works.

The different types of works that the Act covers are set out within the sections below;

2(2)(a): To underpin, thicken or raise a party structure, a party fence wall, or an external wall which belongs to the building owner and is built against a party structure or party fence wall.

2(2)(b): To make good, repair, or demolish and rebuild, a party structure or party fence wall in a case where such work is necessary on account of defect or want of repair of the structure or wall.

2(2)(f): To cut into the party wall for the insertion of steel beams facilitating a proposed loft conversion in the process exposing the party wall

2(2)(g): To cut away the chimney breast(s) attached to the party wall

2(2)(h): To cut away parts of any wall or building of an adjoining owner overhanging onto the land of the building owner

2(2)(j): To cut into the wall of an adjoining owner’s building in order to insert a flashing or other weather-proofing.

2(2)(k): To execute any other necessary works incidental to the connection of a party structure.

2(2)(l): To demolish party fence wall and rebuild as a party wall.

2(2)(n): To expose the party wall

In my experience, these types of works most commonly tend to be invoked when undertaking loft conversions, removing chimney breasts or other structural works to the party wall.

New walls being built up to, or astride ‘the line of junction’ (commonly the boundary line ) between two or more properties

This section covers the construction of a new wall at the line of junction between two properties. The new wall can be built up to, or astride the boundary line (part of the new wall to extend across and over the boundary so part of it is on the adjoining owner’s side of the boundary). In order to do this the building owner must get consent beforehand.

If the building owner does not get consent, then the new wall must be built within the building owner’s boundary and therefore be built up to the line of junction.

The section that would apply to this would be;

1(2): Build a new party wall astride the line of junction, forming the flank wall of the proposed extension

1(5): Build a new wall up to the line of junction, but wholly on the building owner’s land forming the flank wall of the proposed extension

In my experience these types of works are most commonly the flank walls of new rear, side or froint extensions.

If you are planning a construction project, or your neighbour is planning on undertaking works to their property and you think the Party Wall etc Act 1996 may apply, please feel free to get in touch with me directly and I will be happy to advise.

Three party wall notice responses

2020-03-27T13:59:47Z

Berrylodge: Created page with "Whenever a [https://www.blsurveyors.com/what-to-do-when-youre-served-with-a-party-wall-notice/ Party Wall Notice] is served by a Building Owner upon an Adjoining Owner, the Adjoi..."

Whenever a [https://www.blsurveyors.com/what-to-do-when-youre-served-with-a-party-wall-notice/ Party Wall Notice] is served by a Building Owner upon an Adjoining Owner, the Adjoining Owner has a statutory response period of 14 days from the Notice date to formally respond. It is also worth noting that as per Freetown v Assethold Ltd, a Notice is legally deemed as received “in the ordinary course of post” therefore the recommended allowance is a further 2 days, totalling 16 days. 
 
When served a Party Wall Notice, there are a total of three specific responses that can be chosen by an Adjoining Owner, these options are as follows:

# Consent to the works
# Dissent to the works and appoint an Agreed Surveyor
# Dissent to the works and appoint their own Party Wall Surveyor

I will provide you with simple explanations for the three options listed above:

== Consent to the Works ==

Option 1 would see the Adjoining Owner consenting to the Building Owner’s Party Wall Notice. This option reserves the securities the Act affords an Adjoining Owner and means the Building Owner can proceed without any further Party Wall Surveying formalities or procedures being followed. In my opinion, one of the most significant being the [https://www.blsurveyors.com/what-is-a-schedule-of-condition-report/ Schedule of Condition] Report which is significant, as it records the pre works condition of the Adjoining Owner’s property wholly, therefore for the situation where damage is cased, there’s proof to show this was absent in advance.

== Dissenting to the Party Wall Notice and appointing an Agreed Surveyor ==

Option 2, this would be appointing an Agreed Surveyor, as discussed above, the appointed Party Wall Surveyor will then act impartially on behalf of both the Adjoining Owner and the Building Owner. The Surveyor has an objective of agreeing a Party Wall Agreement and resolving the Party Wall Dispute.

In my opinion, the appointment of an Agreed Surveyor is usually in the best interest of the Building Owner as more often than not, it is substantially more time effective with regards to the drafting of the Party Wall agreement as its being agreed by one Party Wall Surveyor in contrast with two different Party Wall Surveyors which normally has included delays associated with normal Surveyor communication, response etc…

Another advantage an Agreed Surveyor gives the Building Owner is cost-effectiveness, as the Building Owner’s expense for an Agreed Surveyor will be fundamentally lower than hosting to pay for two separate Party Wall Surveyors arrangement to agree a [https://www.blsurveyors.com/what-is-a-party-wall-award/ Party Wall Award].

== Dissenting to the Party Wall Notice and appointing their own respective Party Wall Surveyors ==

Finally, option 3, this would be an Adjoining Owner simply appointing their own respective Party Wall Surveyor to administer the Party Wall Surveying procedures on their behalf. The selected Party Wall Surveyor would work intimately with the Building Owner’s Party Wall Surveyor on the provisions of the Award to ensure a compelling and just Party Wall Agreement is agreed and served.

Contemplating everything, an Agreed Surveyor accompanies two appealing motivating forces, one being time productivity, which means works can start quickly, and in conclusion lower cost thus allowing the conserving of funds that can be utilised elsewhere on the property works. Though, as initially stated, an Agreed Party Wall Surveyor can only be appointed upon agreement of the Adjoining Owner, as per [https://www.podbean.com/eu/pb-ypagb-b42ea4 Amir-Siddique vs Kowaliw] there are cost implications should an Adjoining Owner refuse an Agreed Surveyor appointment.

Besides, in an occasion that damage is caused from Party Wall development works, with an arrangement of an Agreed Party Wall Surveyor, the issue would have the option to be managed significantly more time proficiently as there is no partner to affirm the degree of damage or cost, as all the details will already be of knowledge of the Agreed Party Wall Surveyor rather than it has to be discussed and agreed by two separate Party Wall Surveyors.

If you have any more questions or want our help through this process, why not call one of our experienced Party Wall Surveyors now, we offer 30 minutes free advice to all [https://www.blsurveyors.com/contact-us/ callers].

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Who pays for a Party Wall Surveyor?

2020-03-11T14:32:07Z

Berrylodge: Created page with "As a Party Wall Surveyor, one of the more common questions asked by adjoining owners is: == “Will I pay your fees or will the building owner pay your fees?” == Well, in thi..."

As a Party Wall Surveyor, one of the more common questions asked by adjoining owners is:

== “Will I pay your fees or will the building owner pay your fees?” ==

Well, in this blog post, I will clarify exactly who is liable to pay the Party Wall Surveyor’s fee.

== Who pays the Party Wall Surveyor’s fees? ==

In every normal circumstance where a building owner requires a [https://www.blsurveyors.com/services/property-surveying/agreement/ Party Wall Award] to be agreed, the building owner will cover the cost of the Surveyor or Surveyors, who have been appointed.

Fundamentally this is the correct procedure as the building owner is the owner undertaking the works, therefore the adjoining owner shouldn’t have to pay for a Party Wall Surveyor to agree a Party Wall Award protecting due to the building owners choose to undertake notifiable Party Wall works.

== What does the Party Wall Surveyor’s fee include? ==

Well generally, the building owner will cover the cost of both Party Wall Surveyors in undertaking the procedures that lead to the agreement of a Party Wall Award.

In respect of the building owner’s Party Wall Surveyor, the owner will typically pay a fixed fee. Whereas the adjoining owner’s Party Wall Surveyor will apply their hourly rate to any time spent on the matter. In accordance with Section 10 of the Party Wall etc Act 1996, the fee will include,

“The reasonable costs incurred in—

(a)making or obtaining an award under this section;

(b)reasonable inspections of work to which the award relates; and

(c)any other matter arising out of the dispute,”

The Party Wall Surveyors roles will include everything from the file set up to correspondence, to drawing review, to Schedule of Condition Inspections, to agreeing the Party Wall Award itself.

However, there have been very rare cases whereby an adjoining owner would have to pay for Surveyor’s fees.

== When does an adjoining owner pay a Party Wall Surveyor’s fees? ==

As previously mentioned, in normal circumstances, the building owner is the owner who is liable for all costs involved in the Party Wall procedures. However, in accordance with the Party Wall etc Act 1996 and in particular Section 11(4):

“Where work is carried out in the exercise of the right mentioned in section 2(2)(a), and the work is necessary on account of defect or want of repair of the structure or wall concerned, the expenses shall be defrayed by the building owner and the adjoining owner in such proportion as has regard to—

(a)the use which the owners respectively make or may make of the structure or wall concerned; and

(b)responsibility for the defect or want of repair concerned, if more than one owner makes use of the structure or wall concerned.”

To put it in perspective, if the building owner was to propose demolishing and rebuilding a defective shared garden wall which is legally referred to as a Party Fence Wall, the [https://www.blsurveyors.com/ Party Wall Surveyors] fees are to be shared between the two respective owners, as the works benefit not on the building owner but also the adjoining owner

Party wall Surveyor’s fees are becoming a common topic of discussion amongst owners. Therefore, if you are in any doubt, feel free to get in contact with us here at Berry Lodge and we will be happy to clarify the subject for you.

Party wall notices responding options

2020-03-11T14:29:50Z

Berrylodge: Created page with "=== === Once adjoining owners are served with a [https://www.blsurveyors.com/services/property-surveying/party-wall-notices/ Party Wall Notice] they have a couple of different ..."

=== ===

Once adjoining owners are served with a [https://www.blsurveyors.com/services/property-surveying/party-wall-notices/ Party Wall Notice] they have a couple of different options for how they can respond. Simply put the adjoining owners can either consent or dissent to the works, however, the ramifications of these choices are more complex then they may seem.

In this Party Wall Surveying blog post I will explore both the consent and dissent option and what they mean for the parties involved.

Firstly, I will cover the option of…Consenting to the Party Wall Notice

When an adjoining owner goes with the consent option to a Party Wall Notice, they are stating that they are agreeable and fine with the building owner’s Party Wall works to go ahead without a Party Wall Award being written up and served upon the respective owners. This is generally the preferred option for building owners as it means they do not need to pay for a Party Wall Surveyor and they can start the Party Wall works on-site immediately.

As an adjoining owner, if for whatever reason you trust the works will be done without damage, and if any damages are caused the building owner would pay for repairs, then this is the option to go for.

However, if there is doubt as to whether the works will cause damage, or whether the building owner would rectify any issues, this is probably not the preferred option. As a Party Wall Award will not be written up, you will have little control over how to works themselves are undertaken, and, unless you get a Surveyor’s [https://www.blsurveyors.com/services/surveying/schedule-condition-report/ Schedule of Condition Report] prepared and written up pre works, there will be no record of your property before the works were undertaken. This means that if damages do occur, it will be harder to prove they were caused as a result of the work and could place you in a compromised situation when it comes to claim for any damage.

It is for these concerns that in my experience, adjoining owners often opt for the option of… Dissenting to the Party Wall Notice

When an adjoining owner goes with the Party Wall Notice response option of a dissent, they are stating that they do not want the building owner’s proposed Party Wall works to go ahead without a Party Wall Award first being written up and served by a Party Wall Surveyor, or Party Wall Surveyors depending upon the response option they select.

In my experience, dissenting to a Party Wall Notice tends to be the most picked option, as adjoining owners often feel safer having more protection in place should there be issues with the works. This is not only beneficial for adjoining owners however, as building owners can protect themselves from false claims of damages and issues with the works such as gaining access.

Once the Party Wall Notice dissent option is picked, that means that Schedule of Condition Reports will need to be carried out, and Party Wall Awards were written up and served. This will carried out by either an Agreed Surveyor or by the Building Owner’s Surveyor and Adjoining Owner’s Surveyor in unison, depending upon whether the Adjoining Owner opts for their own Party Wall Surveyor or agree to share the same one as the Building Owner (for more information on these two options and their benefits check my previous blog here: “[https://www.blsurveyors.com/party-wall-disputes-options-of-dissent/ Party Wall Disputes: Options of Dissent”]. Once the award is written up and served, and only then, may the Party Wall works commence.

Going down this route is, of course, more time-consuming and costly for the Building Owner, and for this reason Building Owners often push for the Party Wall Notice Consent option. However, Dissenting to the Notice and getting the Party Wall Award written up is definitely the safer option and offers the all invaluable peace of mind that many owners seek, while also offering protection for both the Building Owner and Adjoining Owner.

So, considering all of the above… My recommendation

I always suggest that you go for the Party Wall Notice dissent option. This is because it provides the most protection and it is hard to know for sure whether works will go well or not without such response. If you do trust your neighbour and do want to go for a Party Wall Notice consent, I suggest getting a Surveyor’s Schedule of Condition Report written up at the very least. This will provide you will sufficient evidence in case damages do occur, which can help you in any claims that you may need to make.

If you want to appoint us as your surveyor, or simply want some more advice, feel free to call us on 0207 935 2502 for 30 minutes of [https://www.blsurveyors.com/contact-us/ free Party Wall Consultation].

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[[Category:Property_law]] [[Category:Regulations]] [[Category:Standards_/_measurements]]

10(4) Party Wall Surveyor Appointments

2020-02-13T12:05:22Z

Berrylodge: Created page with "In order to understand a 10(4) Surveyor appointment we must first have an understanding of what serving a ‘Party Wall Notice’ and a ‘10(4) Party wall Notice’ under the Pa..."

In order to understand a 10(4) Surveyor appointment we must first have an understanding of what serving a ‘Party Wall Notice’ and a ‘10(4) Party wall Notice’ under the Party Wall etc Act 1996 are.

There are often scenarios where a homeowner (known as the building owner under the Party Wall etc Act 1996) would like to carry out construction works within their home.

If the building owner undertakes construction works to their property that fall within the remit of the Party Wall etc Act 1996, he or she has the legal duty to serve a [https://www.blsurveyors.com/services/party-wall/party-wall-notices/ Party Wall Notice] upon the adjoining owner notifying them of these works. For example, Excavation works can interfere with soil movement and possibly the foundations beneath. As a result, any such works may cause the adjoining owner to have structural or decorative damage to their property.

The adjoining owners who receive these Notices have 3 options available to them.

Response Option 1.

Consenting to the works (with or without a [https://www.blsurveyors.com/schedule-of-condition-reports-what-they-are-and-why-they-can-be-imperative-to-your-project/ Schedule of Condition Report])

Response Option 2.

Dissenting to works and appointing their own Party Wall Surveyor

Response Option 3.

Dissenting to works and agreeing in the appointment of an ‘Agreed Surveyor’. An Agreed Surveyor means that one Surveyor acts on behalf of the Building Owner and the Adjoining Owner mutually and impartially.

Party Wall Notices have strict timings that will be adhered to. The Party Wall Notice is served with the intention of receiving 1 of the 3 responses listed above. Once the Notice is served, the Adjoining Owner will be given a 14-day response period under the Party Wall etc Act 1996 (there will also be an additional 2 days added for postage).

If at this point no response is received, then the Building Owner or the Party Wall Surveyor acting on their behalf is then in a position to serve a ‘10(4) Party Wall Notice’ under the Party Wall etc Act 1996 which is an additional Notice allowing the adjoining owner a final and further 10 days to respond to the Party Wall Notice. Within the 10(4) Notice it will usually state the date the original Party Wall Notice was served and further describe the works that will be taking place in the Building Owner’s property.

You can read more about Party Wall Notices on our [https://www.blsurveyors.com/party-wall-notices/ Surveying Blog]. Party Wall Notices can often be incorrectly filled out or served, leading to legal invalidity. Therefore making you know the facts pre service is key.

If a 10(4) Party Wall Notice has been served and there still isn’t a response form the Adjoining Owner, the Building Owner or Party Wall Surveyor acting on their behalf can now legally proceed with the appointment of Surveyor under [https://www.legislation.gov.uk/ukpga/1996/40/section/10 Section 10(4) of the Party Wall etc Act 1996], which allows the Building Owner to appoint a Surveyor on behalf of the non-responsive Adjoining Owner(s).

The appointed 10(4) Party Wall Surveyor will act impartially and help agree the Party Wall Award on behalf of the non-responsive Adjoining Owner. The Surveyor will attempt to make contact with the non-responsive owner. If they do begin communication at this stage, then the procedure would follow a similar route if the non-responsive Adjoining Owner had chosen to dissent and appoint their own Party Wall Surveyor.

If however, the Adjoining Owner still fails to communicate with the appointed 10(4) Party Wall Surveyor , then the Building Owner’s Surveyor and the appointed 10(4) Party Wall Surveyor will work together to carry out an external Schedule of Condition Report, then proceeding to agree and serve a [https://www.blsurveyors.com/what-is-a-party-wall-award/ Party Wall Award] which will then govern the works the building owner is proposing to carry out.

If you are planning on serving a Party Wall Notice, I would recommend having an experienced Party Wall Surveyor undertake the task for you. In my experience a Party Wall Notice is far better received when it is served by a Surveyor when compared to those served by Building Owners.

However, that being said, if you would like to serve the Party Wall Notice yourself, we have a set of free Party Wall Notices that are east to fill out and obtain. All you need to do is follow our simple [https://www.blsurveyors.com/services/party-wall/notice-creator/ Party Wall Notice Creator] and you will be able to produce a set of legally Valid Party Wall Notices for service upon your Adjoining Owner.

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User:Berrylodge

2020-02-12T11:35:57Z

Berrylodge:

With offices based in London and Surrey, here at Berry Lodge Surveyors, we have experienced RICS Chartered Surveyors, Members of the Chartered Institute of Arbitrators, Members of the Chartered Institute of Building, RICS Registered 
Valuers and RICS Accredited Mediators. Our team of Surveyors are not only highly experienced in Party Wall Agreements but also have an extensive background in residential construction, residential agency and commercial landlord and 
tenant disputes. This knowledge ensures that we are fully equipped to handle each and every Surveying matter competently and professionally.

We specialise in [https://www.blsurveyors.com/surveying-services/ Party Wall Services] and not only serve Party Wall Notices upon behalf of our clients, but we also undertake comprehensive Schedule of Condition Reports and legally agree Party Wall Awards, which are commonly referred to as 
Party Wall Agreements. We also undertake a range of different Surveying and Valuation services, ranging from pre-purchase Surveys to retrospective Valuations. Here is Berry Lodge our knowledge and experience ensures we are always best 
placed to assist with your Surveying matter.

Party wall dispute

2020-02-12T10:54:05Z

Berrylodge: Created page with "A dispute in the Party Wall sense of the word need not be much of a dispute at all; even if the Act says it is. Under the [http://www.legislation.gov.uk/ukpga/1996/40/contents Pa..."

A dispute in the Party Wall sense of the word need not be much of a dispute at all; even if the Act says it is. Under the [http://www.legislation.gov.uk/ukpga/1996/40/contents Party Wall etc. Act 1996], if an adjoining owner doesn’t consent within 14 days of receiving notice of the proposed works then the parties are deemed to be “in dispute”. The way that disputes under the Act are resolved is by each of the owners appointing a surveyor and those surveyors agreeing the terms of [https://www.blsurveyors.com/services/party-wall/agreement/ Party Wall Agreement]. 
 
Even if the adjoining owner decides to concur with their neighbour’s choice of surveyor as “agreed surveyor” (normally a good decision for minor works) there is still a “dispute” to be resolved so an award must be drawn up and served on the owners. 
 
In effect, what an adjoining owner is saying when they instigate a dispute is that they would like to have their interests protected by a person who understands construction matters and is familiar with the procedures under the Party Wall Act. 
 
It could not be easier for an adjoining owner to instigate a dispute; they need do nothing at all. If Party Wall Notices and Notices of Adjacent Excavation are not consented within 14 days of being received then a DISPUTE gets arisen. 
 
The adjoining owner may appoint a surveyor (or concur in the appointment of an agreed surveyor) within the 14 day period but they needn’t rush their decision. Once the 14 days have elapsed they must be sent a follow-up letter asking them to appoint a [https://www.blsurveyors.com/ Party Wall Surveyor] within 10 days or risk one being appointed on their behalf by the building owner (the party planning the work). If a building owner does gain the right to appoint a surveyor on behalf of their neighbour that cannot be the same surveyor that they are using; an Agreed Surveyor cannot be appointed unless both owners confirm that appointment in writing. 
 
Once a dispute has arisen both the building owner and the adjoining owner change from being “clients” to “appointing owners” - the terminology reinforces the surveyor’s duty to be impartial. A surveyor can serve notice on behalf of their client because at that stage it is not known whether the adjoining owner will consent or not. If they consent there will be no award and no need for a party wall surveyor. 
 
You can win the chance of receiving up to 30 minutes free advice for the [https://www.blsurveyors.com/services/surveying/boundary-dispute/ party wall disputes] or on any party wall matters. Just call us on 020 7935 2502...

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Role of Party Wall Surveyors

2020-02-06T15:24:15Z

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..."

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.

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Who Pays for Party Wall Surveyor's Fees?

2020-02-06T15:13:16Z

Berrylodge: Created page with "Who pays the Party Wall Surveyor’s fees? In every normal circumstance where a building owner requires a [https://www.blsurveyors.com/services/property-surveying/agreement/ Par..."

Who pays the Party Wall Surveyor’s fees?

In every normal circumstance where a building owner requires a [https://www.blsurveyors.com/services/property-surveying/agreement/ Party Wall Award] to be agreed, the building owner will cover the cost of the Surveyor or Surveyors, who have been appointed.

Fundamentally this is the correct procedure as the building owner is the owner undertaking the works, therefore the adjoining owner shouldn’t have to pay for a Party Wall Surveyor to agree a Party Wall Award protecting due to the building owners choose to undertake notifiable Party Wall works.

What does the Party Wall Surveyor’s fee include?

Well generally, the building owner will cover the cost of both Party Wall Surveyors in undertaking the procedures that lead to the agreement of a Party Wall Award.

In respect of the building owner’s Party Wall Surveyor, the owner will typically pay a fixed fee. Whereas the adjoining owner’s Party Wall Surveyor will apply their hourly rate to any time spent on the matter. In accordance with Section 10 of the Party Wall etc Act 1996, the fee will include,

“The reasonable costs incurred in—

(a)making or obtaining an award under this section;

(b)reasonable inspections of work to which the award relates; and

(c)any other matter arising out of the dispute,”

The Party Wall Surveyors roles will include everything from the file set up to correspondence, to drawing review, to Schedule of Condition Inspections, to agreeing the Party Wall Award itself.

However, there have been very rare cases whereby an adjoining owner would have to pay for Surveyor’s fees.

When does an adjoining owner pay a Party Wall Surveyor’s fees?

As previously mentioned, in normal circumstances, the building owner is the owner who is liable for all costs involved in the Party Wall procedures. However, in accordance with the Party Wall etc Act 1996 and in particular Section 11(4):

“Where work is carried out in exercise of the right mentioned in section 2(2)(a), and the work is necessary on account of defect or want of repair of the structure or wall concerned, the expenses shall be defrayed by the building owner and the adjoining owner in such proportion as has regard to—

(a)the use which the owners respectively make or may make of the structure or wall concerned; and

(b)responsibility for the defect or want of repair concerned, if more than one owner makes use of the structure or wall concerned.”

To put it in perspective, if the building owner was to propose demolishing and rebuilding a defective shared garden wall which is legally referred to as a Party Fence Wall, the [https://www.blsurveyors.com/ Party Wall Surveyors] fees are to be shared between the two respective owners, as the works benefit not on the building owner but also the adjoining owner

Party wall Surveyor’s fees are becoming a common topic of discussion amongst owners. Therefore, if you are in any doubt, feel free to get in contact with us here at Berry Lodge and we will be happy to clarify the subject for you.

[[Category:Organisations]] [[Category:Theory]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Standards_/_measurements]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Cost_/_business_planning]] [[Category:Roles_/_services]]

Party wall notice response options

2020-01-27T14:06:58Z

Berrylodge: Created page with "Your neighbour may serve you with a Party Wall Notice with regards to the upcoming construction work on the Party Wall. In this scenario, you have three options. You may ignore t..."

Your neighbour may serve you with a Party Wall Notice with regards to the upcoming construction work on the Party Wall. In this scenario, you have three options. You may ignore this notice. You may agree to this notice. You may even dissent/disagree to this notice.

There are consequences for all these actions; however, it depends upon the type of action. See them below…

Your neighbour may consult with you with regards to this issue or may appoint a party wall surveyor if you do not reply to this notice.

You have to sign the ‘acknowledgement’ letter that is enclosed together with the Party Wall notice if you agree to the notice. Signing this letter attests to the fact that you agree to the construction work.

A formal dispute between you and your neighbour will start if you disagree to this notice. Your neighbour may appoint a Party Wall Surveyor to resolve this issue. You also have the liberty to appoint a surveyor in order to represent your interest.

According to the [https://www.blsurveyors.com/the-party-wall-etc-act-1996-when-does-it-apply/ Party Wall etc. Act 1996], you will be identified as an ‘adjoining owner’ as you received the notice and your neighbor is identified as the building owner as he/she served you with the notice. The type of construction work that is outlined on notice may vary from one project to another.

For example, a ‘building owner’ may want to build an extension, amend/modify the structure of party wall or may work close to a building’s foundation. A ‘building owner’ may even serve you with a notice if he/she needs to carry out excavations near neighboring buildings.

== Appointing Solicitors ==

If you dissent/disagree to the construction work outlined on the party wall notice, then you may appoint a solicitor to represent your interest in the party wall dispute. You may even appoint a qualified and experienced party wall surveyor instead of appointing a solicitor.

== Consenting to Construction Work ==

The simplest option after being served with a notice is to consent to the construction work outlined on it. If you agree to a notice, then you are permitting a ‘building owner’ to move forward with the proposed construction works within the specified timeline. It is a prudent action if the construction work does not damage your property. However, it is essential to ensure that the outlined construction works are relevant to the Party Wall Act.

It is not uncommon for an ‘adjoining owner’ to receive an incorrectly drafted notice or letter. A notice being served to an ‘adjoining owner’ may be invalid due to technicality. It may be impossible for you to identify this mistake due to lack of knowledge with regards to the aforementioned act. However, the construction work is not supposed to start until the flawed notice has been corrected and redrafted and has been reserved on all affected parties.

== Consenting with Conditions ==

If you want an additional construction work to be done on the party wall alongside the proposed construction work by a building-owner, then it is essential for you to serve a ‘counter-notice’.

According to the Party Wall Act 1996, an adjoining owner has the legal right to ask for an amendment to the proposals. However, you have to make a financial contribution to the construction project if this amendment benefits your property. A ‘building-owner’ is allowed to consider this request. He/she may seek the advice of a surveyor to ensure that this request is permitted by the Party Wall etc. Act or to learn about the impact of this amendment on his/her property.

You may ask an appointed party wall surveyor to record the condition of your property in writing and to collect the photographs of a property as evidence earlier to starting the construction work.

== Dissenting from Construction Work ==

It is possible to delay a construction project if you sign the Acknowledgement notice as disagreeing to the work. It informs a building owner regarding your objection and he/she may try to resolve this issue through a discussion with regards to your objection or may appoint a party wall surveyor. You may even propose to appoint a surveyor to represent your own interests.

A ‘building owner’ is supposed to pay the consultation fees of all appointed surveyors. However, in exceptional circumstances, an adjoining owner is supposed to pay the consultation fee of the party wall surveyor who represents his/her interest in the [https://www.blsurveyors.com/services/surveying/boundary-dispute/ party wall dispute].

== Ignoring the Party Wall Notice ==

You will gain nothing from ignoring the [https://www.blsurveyors.com/services/party-wall/party-wall-notices/ party wall notice], as it turns into an automatic dissent/dispute after a few days. However, this process protects an adjoining owner if he/she is away from home for a few days and cannot learn about the notice until coming back home.

== Agreed Surveyor ==

It is prudent to work with an agreed surveyor if a ‘building owner’ is going to perform simple construction work. For example,

Altering/rebuilding/repairing a party chimney stack on the roof.

Cutting out and replacing the damaged bricks of a shared parapet wall that rises above the roof level.

It is prudent to work with separate party wall surveyors if there is complex construction work (piling work, opening up a structure, deep excavations) or if a surveyor has to monitor the structure during the construction.

Each party is supposed to formally appoint a surveyor within a specified timeline and both surveyors work together in order to reach a [https://www.blsurveyors.com/services/party-wall/agreement/ party wall agreement] that is known as ‘Party Wall Award’.

[[Category:Conservation]] [[Category:Theory]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Standards_/_measurements]] [[Category:Appointments]] [[Category:Property_development]] [[Category:Public_procedures]] [[Category:Roles_/_services]]

Party Wall Surveyor Costs

2020-01-01T11:04:09Z

Berrylodge:

All Building Owner Party Wall Surveyor fees & Agreed Party Wall Surveyor fees always should be fixed and never include any hidden extras charges.

Party Wall Notice Fees from £65.00 +VAT

Schedule of Condition Report Fees from £450.00 +VAT

Party Wall Agreement Fees from £950.00 +VAT

Party wall surveyor’s hourly rates range from £80 – £275 + VAT per hour, however, this is not to say that applying a full £275 + VAT hourly rate to the entire job is reasonable, as this would see the building owner paying far to a higher fee.

A reasonable party wall surveyor will only apply their full hourly rate to the actual party wall aspects of the job.

Administration time, such as printing, filing, creating files etc should be on a far lower hourly rate, this logic also applies for the time spent undertaking a [https://www.blsurveyors.com/services/surveying/schedule-condition-report/ schedule of condition].

Schedules of conditions can often take 1-3 hours depending on the size of the property and the level of the defect, an adjoining owner’s party wall surveyor on an hourly rate of £275 + VAT could therefore easily rack up a fee of £1000 + VAT when taking account travel.

This would be deemed unreasonable, a good building owner’s party wall surveyor would be able to competently deal with an issue.

[https://www.blsurveyors.com/services/property-surveying/fixed-costs/ Party Wall Surveyor Costs] may vary as property type varies... 
Below you can find some of the property examples.

Houses

Flats

Commercial

Hotels

Legal Experience

Rear and Side Extensions

Loft Conversions

Basement Conversions

High-Risk Works

[[Category:Articles_needing_more_work]] [[Category:Conservation]] [[Category:Publications_/_reports]] [[Category:Research_/_Innovation]] [[Category:Theory]] [[Category:Policy]] [[Category:Regulations]] [[Category:Standards_/_measurements]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Roles_/_services]]

Party Wall Surveyor Costs

2020-01-01T11:02:04Z

Berrylodge: Created page with "All Building Owner Party Wall Surveyor fees & Agreed Party Wall Surveyor fees always should be fixed and never include any hidden extras charges. Party Wall Notice Fees from..."

All Building Owner Party Wall Surveyor fees & Agreed Party Wall Surveyor fees always should be fixed and never include any hidden extras charges.

Party Wall Notice Fees from £65.00 +VAT

Schedule of Condition Report Fees from £450.00 +VAT

Party Wall Agreement Fees from £950.00 +VAT

Party wall surveyor’s hourly rates range from £80 – £275 + VAT per hour, however, this is not to say that applying a full £275 + VAT hourly rate to the entire job is reasonable, as this would see the building owner paying far to a higher fee.

A reasonable party wall surveyor will only apply their full hourly rate to the actual party wall aspects of the job.

Administration time, such as printing, filing, creating files etc should be on a far lower hourly rate, this logic also applies for the time spent undertaking a [https://www.blsurveyors.com/services/surveying/schedule-condition-report/ schedule of condition].

Schedules of conditions can often take 1-3 hours depending on the size of the property and the level of the defect, an adjoining owner’s party wall surveyor on an hourly rate of £275 + VAT could therefore easily rack up a fee of £1000 + VAT when taking account travel.

This would be deemed unreasonable, a good building owner’s party wall surveyor would be able to competently deal with an issue.

[https://www.blsurveyors.com/services/property-surveying/fixed-costs/ Party Wall Surveyor Costs] may vary as property type varies... 
Below you can find some of the property examples.

[[File:BL-Icons-30.png|62px]] - Houses

[[File:Flats-150x148.png|62px]] - Flats

[[File:Commercial--150x150.png|62px]] - Commercial

[[File:Hotels-150x148.png|62px]] - Hotels

[[File:Courts-150x150.png|62px]]- Legal Experience

[[File:Rear-and-Side-Extensions-150x120.png|62px]] - Rear and Side Extensions

[[File:Loft-Extension-150x150.png|62px]]- Loft Conversions

[[File:Basement-Works-150x150.png|62px]] - Basement Conversions

[[File:Injunctions-150x150.png|62px]] - High Risk Works

[[Category:Articles_needing_more_work]] [[Category:Conservation]] [[Category:Publications_/_reports]] [[Category:Research_/_Innovation]] [[Category:Theory]] [[Category:Policy]] [[Category:Regulations]] [[Category:Standards_/_measurements]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Roles_/_services]]

Party wall and boundary disputes

2019-12-30T14:15:38Z

Berrylodge: Created page with "== What is a [https://www.designingbuildings.co.uk/wiki/Party_wall Party Wall] [https://www.designingbuildings.co.uk/wiki/Disputes Dispute] or [https://www.designingbuildings.co...."

== What is a [https://www.designingbuildings.co.uk/wiki/Party_wall Party Wall] [https://www.designingbuildings.co.uk/wiki/Disputes Dispute] or [https://www.designingbuildings.co.uk/wiki/Boundary Boundary] [https://www.designingbuildings.co.uk/wiki/Disputes Dispute]? ==

[https://www.designingbuildings.co.uk/wiki/Boundary Boundary] or [https://www.designingbuildings.co.uk/wiki/Party_wall Party Wall] [https://www.designingbuildings.co.uk/wiki/Disputes Disputes] or issues may take [https://www.designingbuildings.co.uk/wiki/Place place] when two different parties, usually [https://www.designingbuildings.co.uk/wiki/Property_owner property owners], disagree the [https://www.designingbuildings.co.uk/wiki/Location location], width, [https://www.designingbuildings.co.uk/wiki/Ownership ownership] or [https://www.designingbuildings.co.uk/wiki/Maintenance maintenance] [https://www.designingbuildings.co.uk/wiki/Liability liabilities] of the [https://www.designingbuildings.co.uk/wiki/Boundary boundary] line.

[https://www.designingbuildings.co.uk/wiki/Boundary Boundaries] are generally set by determining features such as a [https://www.designingbuildings.co.uk/wiki/Fence fence], [https://www.designingbuildings.co.uk/wiki/Walls wall], [https://www.designingbuildings.co.uk/wiki/Hedge hedge], driveway, [https://www.designingbuildings.co.uk/wiki/Trees tree], [https://www.designingbuildings.co.uk/wiki/Post post] or even a [https://www.designingbuildings.co.uk/wiki/Stone stone] marker.

Over the years of the [https://www.designingbuildings.co.uk/wiki/Property_owner property owners] and various [https://www.designingbuildings.co.uk/wiki/Occupant occupants], the [https://www.designingbuildings.co.uk/wiki/Boundary boundaries] can often be moved, diverted, adjusted and even overgrown.

While the legal [https://www.designingbuildings.co.uk/wiki/Boundary boundary] line will always be indicated on the [https://www.designingbuildings.co.uk/wiki/Land_registry Land Registry] [https://www.designingbuildings.co.uk/wiki/Title Title] Plan, often these will be to a very high [https://www.designingbuildings.co.uk/wiki/Scale scale], usually 1 to 1,250.

In [https://www.designingbuildings.co.uk/wiki/Practice practice], this means that when a [https://www.designingbuildings.co.uk/wiki/Surveyor Surveyor] attempts to determine the [https://www.designingbuildings.co.uk/wiki/Boundary boundary] line using [https://www.designingbuildings.co.uk/wiki/Land_registry Land Registry] [https://www.designingbuildings.co.uk/wiki/Title Title] Plan [https://www.designingbuildings.co.uk/wiki/Scale scale], there can be as much as a one-meter wide [https://www.designingbuildings.co.uk/wiki/Uncertainty uncertainty] as to where the true [https://www.designingbuildings.co.uk/wiki/Boundary boundary] line lies.

The [https://en.wikipedia.org/wiki/Party_Wall_etc._Act_1996 Party Wall etc Act 1996] provides a [https://www.designingbuildings.co.uk/wiki/Framework framework] to prevent and resolve the [https://www.designingbuildings.co.uk/wiki/Disputes disputes] with regards to the [https://www.designingbuildings.co.uk/wiki/Boundary boundary] [https://www.designingbuildings.co.uk/wiki/Walls walls], [https://www.designingbuildings.co.uk/wiki/Party_wall party walls] and any [https://www.designingbuildings.co.uk/wiki/Types_of_excavation type of excavation] near the neighbouring [https://www.designingbuildings.co.uk/wiki/Building buildings]. According to this [https://www.designingbuildings.co.uk/wiki/Act act], there are primarily three types of [https://www.designingbuildings.co.uk/wiki/Party_wall party walls].

* A [https://www.designingbuildings.co.uk/wiki/Walls wall] that stands on the [https://www.designingbuildings.co.uk/wiki/Land lands] of more than one [https://www.designingbuildings.co.uk/wiki/Owner owner] and forms one part of a [https://www.designingbuildings.co.uk/wiki/Building building].
* A [https://www.designingbuildings.co.uk/wiki/Walls wall] that stands on the [https://www.designingbuildings.co.uk/wiki/Land lands] of two [https://www.designingbuildings.co.uk/wiki/Owner owners] without being part of any [https://www.designingbuildings.co.uk/wiki/Building building] on the [https://www.designingbuildings.co.uk/wiki/Land land].
* A [https://www.designingbuildings.co.uk/wiki/Walls wall] that is on the [https://www.designingbuildings.co.uk/wiki/Land land] of one [https://www.designingbuildings.co.uk/wiki/Owner owner]; however, it is being used by two or more [https://www.designingbuildings.co.uk/wiki/Owner owners] to separate their [https://www.designingbuildings.co.uk/wiki/Building buildings].

The [https://www.designingbuildings.co.uk/wiki/Party_wall Party Wall] etc [https://www.designingbuildings.co.uk/wiki/Act Act] 1996 was passed to prevent the [https://www.blsurveyors.com/services/surveying/boundary-dispute/ party wall disputes] and to protect the [https://www.designingbuildings.co.uk/wiki/Owner owners] of the neighbouring [https://www.designingbuildings.co.uk/wiki/Premises premises]. The [https://www.designingbuildings.co.uk/wiki/Party_wall Party Wall] etc [https://www.designingbuildings.co.uk/wiki/Act Act] sets out an [https://www.designingbuildings.co.uk/wiki/Owner owner’s] obligations and responsibilities for the [https://www.designingbuildings.co.uk/wiki/Works work] that may leave an effect on other people's [https://www.designingbuildings.co.uk/wiki/Property property].

== Reasons Behind [https://www.designingbuildings.co.uk/wiki/Party_wall Party Wall] [https://www.designingbuildings.co.uk/wiki/Disputes Disputes] ==

A [https://www.designingbuildings.co.uk/wiki/Disputes dispute] may arise due to various reasons when you are being [https://www.designingbuildings.co.uk/wiki/Compliant compliant] with the [https://www.designingbuildings.co.uk/wiki/Party_wall Party Wall] etc. [https://www.designingbuildings.co.uk/wiki/Act Act]. For example, you may send a written [https://www.designingbuildings.co.uk/wiki/Notice notice] to the [https://www.designingbuildings.co.uk/wiki/Owner owner] of the adjoining [https://www.designingbuildings.co.uk/wiki/Property property] 2-12 months before starting any type of [https://www.designingbuildings.co.uk/wiki/Works work] on the [https://www.designingbuildings.co.uk/wiki/Walls wall]. In this scenario, your [https://www.designingbuildings.co.uk/wiki/Neighbour neighbour] is supposed to provide written consent to the outlined [https://www.designingbuildings.co.uk/wiki/Works work] on the [https://www.designingbuildings.co.uk/wiki/Notice notice] within 14 days. You are in [https://www.designingbuildings.co.uk/wiki/Disputes dispute] if your [https://www.designingbuildings.co.uk/wiki/Neighbour neighbour] fails to do this task within the timeline.

A [https://www.designingbuildings.co.uk/wiki/Party_wall Party Wall] [https://www.designingbuildings.co.uk/wiki/Disputes Dispute] may always not be acrimonious. A [https://www.designingbuildings.co.uk/wiki/Property_owner property owner] may fail to respond to a written [https://www.designingbuildings.co.uk/wiki/Notice notice] due to various reasons. Your [https://www.designingbuildings.co.uk/wiki/Neighbour neighbour] also has the right to legally [https://www.designingbuildings.co.uk/wiki/Disputes dispute] [https://www.designingbuildings.co.uk/wiki/Notice notice] in order to ensure that this [https://www.designingbuildings.co.uk/wiki/Works work] has no adverse effect on their interests and to avail the legal protection of an Award. Therefore, all types of party-[https://www.designingbuildings.co.uk/wiki/Walls wall] [https://www.designingbuildings.co.uk/wiki/Disputes disputes] are not acrimonious.

== Preventing [https://www.designingbuildings.co.uk/wiki/Party_wall Party Wall] [https://www.designingbuildings.co.uk/wiki/Disputes Disputes] ==

It is not difficult to prevent these [https://www.designingbuildings.co.uk/wiki/Disputes disputes] before starting a [https://www.designingbuildings.co.uk/wiki/Project project] and you may use the following tips in this regard.

== Discussing Plans With [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbour] ==

Discussing your plans with the [https://www.designingbuildings.co.uk/wiki/Owner owner] of the [https://www.designingbuildings.co.uk/wiki/Neighbour neighbouring] and adjoining [https://www.designingbuildings.co.uk/wiki/Property property] is the easiest way to resolve any [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Disputes dispute]. Alongside discussing the type of the [https://www.designingbuildings.co.uk/wiki/Works work], it is important, to be honest about how this [https://www.designingbuildings.co.uk/wiki/Works work] may affect the [https://www.designingbuildings.co.uk/wiki/Property property] and about the [https://www.designingbuildings.co.uk/wiki/Measure measures] that you are willing to take in order to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] this effect and/or to rectify any [https://www.designingbuildings.co.uk/wiki/Damages damage]. Your [https://www.designingbuildings.co.uk/wiki/Neighbour neighbours] may have a few concerns and/or some specific [https://www.designingbuildings.co.uk/wiki/Condition conditions] that you may address during the discussion.

== Identifying [https://www.designingbuildings.co.uk/wiki/Property_owner Property Owners] ==

The current [https://www.designingbuildings.co.uk/wiki/Occupier occupier] of a [https://www.designingbuildings.co.uk/wiki/Property property] may not be its legal [https://www.designingbuildings.co.uk/wiki/Owner owner]. Therefore, it is prudent to use the ‘HM [https://www.designingbuildings.co.uk/wiki/Land_registry LAND REGISTRY] ONLINE SEARCH’ option in order to avail a ‘[https://www.designingbuildings.co.uk/wiki/Title title] register’ or ‘[https://www.designingbuildings.co.uk/wiki/Title title] summary’, as it enables you to find the legal [https://www.designingbuildings.co.uk/wiki/Owner owner] of any [https://www.designingbuildings.co.uk/wiki/Property property] before sending a [https://www.designingbuildings.co.uk/wiki/Notice notice].

== Clarify Your Plans ==

The [https://www.designingbuildings.co.uk/wiki/Owner owner] of the adjoining [https://www.designingbuildings.co.uk/wiki/Property property] may [https://www.designingbuildings.co.uk/wiki/Disputes dispute] the [https://www.designingbuildings.co.uk/wiki/Notice notice] in order to have a better understanding of your plans. An [https://www.designingbuildings.co.uk/wiki/Owner owner] may even [https://www.designingbuildings.co.uk/wiki/Disputes dispute] in order to make sure that additional [https://www.designingbuildings.co.uk/wiki/Works works] will be performed in order to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] any impact of the [https://www.designingbuildings.co.uk/wiki/Works work] on their [https://www.designingbuildings.co.uk/wiki/Property property]. It is possible to avoid any [https://www.designingbuildings.co.uk/wiki/Disputes dispute] if you are clear about your plans from the beginning.

== What to Do When a [https://www.designingbuildings.co.uk/wiki/Disputes Dispute] Arises? ==

You cannot begin any [https://www.designingbuildings.co.uk/wiki/Works work] on the party-[https://www.designingbuildings.co.uk/wiki/Walls wall] until the [https://www.designingbuildings.co.uk/wiki/Disputes dispute] has resolved and you have received the written consent from the [https://www.designingbuildings.co.uk/wiki/Neighbour neighbour] of the adjoining [https://www.designingbuildings.co.uk/wiki/Property property]. If you fail to reach an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] with your [https://www.designingbuildings.co.uk/wiki/Neighbour neighbour] or fail to persuade him/her to sign the consent form, then it is prudent to contact an independent [https://en.wikipedia.org/wiki/Party_wall_surveyor party wall surveyor] who can draw up an impartial [https://www.designingbuildings.co.uk/wiki/Settlement settlement].

It is possible to appoint anyone as a party-[https://www.designingbuildings.co.uk/wiki/Walls wall] [https://www.designingbuildings.co.uk/wiki/Surveyor surveyor] if this individual is not a party to the matter. However, it is important to appoint someone who has in-depth [https://www.designingbuildings.co.uk/wiki/Knowledge knowledge] regarding the [https://www.designingbuildings.co.uk/wiki/Details details] of [https://www.designingbuildings.co.uk/wiki/Party_wall Party Wall] etc [https://www.designingbuildings.co.uk/wiki/Act Act] and who understands the [https://www.designingbuildings.co.uk/wiki/Details details] of the [https://www.designingbuildings.co.uk/wiki/Construction construction]. Therefore, it is prudent to appoint an experienced [https://www.designingbuildings.co.uk/wiki/Surveyor surveyor] who can help you and your [https://www.designingbuildings.co.uk/wiki/Neighbour neighbour] reach an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] and let you maintain cordial relations with him/her.

You and your [https://www.designingbuildings.co.uk/wiki/Neighbour neighbour] have the liberty to appoint one [https://www.designingbuildings.co.uk/wiki/Surveyor surveyor] (agreed [https://www.designingbuildings.co.uk/wiki/Surveyor surveyor]) to impartially represent the interests of both parties or may appoint separate [https://www.designingbuildings.co.uk/wiki/Surveyor surveyors] (individual [https://www.designingbuildings.co.uk/wiki/Surveyor surveyors]) for both parties. In the second scenario, two individual [https://www.designingbuildings.co.uk/wiki/Surveyor surveyors] [https://www.designingbuildings.co.uk/wiki/Works work] together in order to reach an impartial award that is fair to both parties. However, it may become necessary to appoint a [https://www.blsurveyors.com/i-discuss-third-surveyors/ third surveyor] if individual [https://www.designingbuildings.co.uk/wiki/Surveyor surveyors] fail to reach an [https://www.designingbuildings.co.uk/wiki/Agreement agreement].

It is important to keep in mind that you must pay for the expenses, as you are supposed to do some [https://www.designingbuildings.co.uk/wiki/Construction_works construction work] on the party-[https://www.designingbuildings.co.uk/wiki/Walls wall]. A [https://www.blsurveyors.com/ party wall surveyor] is supposed to draw up a [https://www.designingbuildings.co.uk/wiki/Document document] (referred to as an ‘Award’) which includes the following [https://www.designingbuildings.co.uk/wiki/Details details].

* [https://www.designingbuildings.co.uk/wiki/Details Details] of the [https://www.designingbuildings.co.uk/wiki/Construction_works construction work] and when or how this [https://www.designingbuildings.co.uk/wiki/Works work] is going to be performed.
* [https://www.designingbuildings.co.uk/wiki/Details Details] of the present [https://www.designingbuildings.co.uk/wiki/Condition condition] of both adjoining [https://www.designingbuildings.co.uk/wiki/Property properties].
* [https://www.designingbuildings.co.uk/wiki/Details Details] of how to share the [https://www.designingbuildings.co.uk/wiki/Cost cost] of the planned [https://www.designingbuildings.co.uk/wiki/Works work] have shared benefits for both [https://www.designingbuildings.co.uk/wiki/Owner owners].

[[Category:Articles_needing_more_work]] [[Category:Conservation]] [[Category:Definitions]] [[Category:Publications_/_reports]] [[Category:Theory]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Standards_/_measurements]] [[Category:Construction_management]] [[Category:Design]] [[Category:Property_development]] [[Category:Roles_/_services]]

File:A Boundary Dispute.jpg

2019-12-30T14:13:34Z

Berrylodge:

== What is a Party Wall Dispute or Boundary Dispute? ==

Boundary or Party Wall Disputes or issues may take place when two different parties, usually property owners, disagree the location, width, ownership or maintenance liabilities of the boundary line.

Boundaries are generally set by determining features such as a fence, wall, hedge, driveway, tree, post or even a stone marker.

Over the years of the property owners and various occupants, the boundaries can often be moved, diverted, adjusted and even overgrown.

While the legal boundary line will always be indicated on the Land Registry Title Plan, often these will be to a very high scale, usually 1 to 1,250.

In practice, this means that when a Surveyor attempts to determine the boundary line using Land Registry Title Plan scale, there can be as much as a one-meter wide uncertainty as to where the true boundary line lies.

The [https://en.wikipedia.org/wiki/Party_Wall_etc._Act_1996 Party Wall etc Act 1996] provides a framework to prevent and resolve the disputes with regards to the boundary walls, party walls and any type of excavation near the neighbouring buildings. According to this act, there are primarily three types of party walls.

* A wall that stands on the lands of more than one owner and forms one part of a building.
* A wall that stands on the lands of two owners without being part of any building on the land.
* A wall that is on the land of one owner; however, it is being used by two or more owners to separate their buildings.

The Party Wall etc Act 1996 was passed to prevent the [https://www.blsurveyors.com/services/surveying/boundary-dispute/ party wall disputes] and to protect the owners of the neighbouring premises. The Party Wall etc Act sets out an owner’s obligations and responsibilities for the work that may leave an effect on other people's property.

== Reasons Behind Party Wall Disputes ==

A dispute may arise due to various reasons when you are being compliant with the Party Wall etc. Act. For example, you may send a written notice to the owner of the adjoining property 2-12 months before starting any type of work on the wall. In this scenario, your neighbour is supposed to provide written consent to the outlined work on the notice within 14 days. You are in dispute if your neighbour fails to do this task within the timeline.

A Party Wall Dispute may always not be acrimonious. A property owner may fail to respond to a written notice due to various reasons. Your neighbour also has the right to legally dispute notice in order to ensure that this work has no adverse effect on their interests and to avail the legal protection of an Award. Therefore, all types of party-wall disputes are not acrimonious.

== Preventing Party Wall Disputes ==

It is not difficult to prevent these disputes before starting a project and you may use the following tips in this regard.

== Discussing Plans With Neighbour ==

Discussing your plans with the owner of the neighbouring and adjoining property is the easiest way to resolve any party wall dispute. Alongside discussing the type of the work, it is important, to be honest about how this work may affect the property and about the measures that you are willing to take in order to mitigate this effect and/or to rectify any damage. Your neighbours may have a few concerns and/or some specific conditions that you may address during the discussion.

== Identifying Property Owners ==

The current occupier of a property may not be its legal owner. Therefore, it is prudent to use the ‘HM LAND REGISTRY ONLINE SEARCH’ option in order to avail a ‘title register’ or ‘title summary’, as it enables you to find the legal owner of any property before sending a notice.

== Clarify Your Plans ==

The owner of the adjoining property may dispute the notice in order to have a better understanding of your plans. An owner may even dispute in order to make sure that additional works will be performed in order to mitigate any impact of the work on their property. It is possible to avoid any dispute if you are clear about your plans from the beginning.

== What to Do When a Dispute Arises? ==

You cannot begin any work on the party-wall until the dispute has resolved and you have received the written consent from the neighbour of the adjoining property. If you fail to reach an agreement with your neighbour or fail to persuade him/her to sign the consent form, then it is prudent to contact an independent [https://en.wikipedia.org/wiki/Party_wall_surveyor party wall surveyor] who can draw up an impartial settlement.

It is possible to appoint anyone as a party-wall surveyor if this individual is not a party to the matter. However, it is important to appoint someone who has in-depth knowledge regarding the details of Party Wall etc Act and who understands the details of the construction. Therefore, it is prudent to appoint an experienced surveyor who can help you and your neighbour reach an agreement and let you maintain cordial relations with him/her.

You and your neighbour have the liberty to appoint one surveyor (agreed surveyor) to impartially represent the interests of both parties or may appoint separate surveyors (individual surveyors) for both parties. In the second scenario, two individual surveyors work together in order to reach an impartial award that is fair to both parties. However, it may become necessary to appoint a [https://www.blsurveyors.com/i-discuss-third-surveyors/ third surveyor] if individual surveyors fail to reach an agreement.

It is important to keep in mind that you must pay for the expenses, as you are supposed to do some construction work on the party-wall. A [https://www.blsurveyors.com/ party wall surveyor] is supposed to draw up a document (referred to as an ‘Award’) which includes the following details.

* Details of the construction work and when or how this work is going to be performed.
* Details of the present condition of both adjoining properties.
* Details of how to share the cost of the planned work have shared benefits for both owners.

[[Category:Conservation]] [[Category:Publications_/_reports]] [[Category:Property_law]] [[Category:Regulations]] [[Category:DCN_Regulation]] [[Category:Standards_/_measurements]] [[Category:DCN_Standard]] [[Category:Roles_/_services]]

File:A Boundary Dispute.jpg

2019-12-30T14:12:01Z

Berrylodge:

== What is a Party Wall Dispute or Boundary Dispute? ==

Boundary or Party Wall Disputes or issues may take place when two different parties, usually property owners, disagree the location, width, ownership or maintenance liabilities of the boundary line.

Boundaries are generally set by determining features such as a fence, wall, hedge, driveway, tree, post or even a stone marker.

Over the years of the property owners and various occupants, the boundaries can often be moved, diverted, adjusted and even overgrown.

While the legal boundary line will always be indicated on the Land Registry Title Plan, often these will be to a very high scale, usually 1 to 1,250.

In practice, this means that when a Surveyor attempts to determine the boundary line using Land Registry Title Plan scale, there can be as much as a one-meter wide uncertainty as to where the true boundary line lies.

[[File:A_Boundary_Dispute.jpg|link=File:A_Boundary_Dispute.jpg]]

The [https://en.wikipedia.org/wiki/Party_Wall_etc._Act_1996 Party Wall etc Act 1996] provides a framework to prevent and resolve the disputes with regards to the boundary walls, party walls and any type of excavation near the neighbouring buildings. According to this act, there are primarily three types of party walls.

* A wall that stands on the lands of more than one owner and forms one part of a building.
* A wall that stands on the lands of two owners without being part of any building on the land.
* A wall that is on the land of one owner; however, it is being used by two or more owners to separate their buildings.

The Party Wall etc Act 1996 was passed to prevent the [https://www.blsurveyors.com/services/surveying/boundary-dispute/ party wall disputes] and to protect the owners of the neighbouring premises. The Party Wall etc Act sets out an owner’s obligations and responsibilities for the work that may leave an effect on other people's property.

== Reasons Behind Party Wall Disputes ==

A dispute may arise due to various reasons when you are being compliant with the Party Wall etc. Act. For example, you may send a written notice to the owner of the adjoining property 2-12 months before starting any type of work on the wall. In this scenario, your neighbour is supposed to provide written consent to the outlined work on the notice within 14 days. You are in dispute if your neighbour fails to do this task within the timeline.

A Party Wall Dispute may always not be acrimonious. A property owner may fail to respond to a written notice due to various reasons. Your neighbour also has the right to legally dispute notice in order to ensure that this work has no adverse effect on their interests and to avail the legal protection of an Award. Therefore, all types of party-wall disputes are not acrimonious.

== Preventing Party Wall Disputes ==

It is not difficult to prevent these disputes before starting a project and you may use the following tips in this regard.

== Discussing Plans With Neighbour ==

Discussing your plans with the owner of the neighbouring and adjoining property is the easiest way to resolve any party wall dispute. Alongside discussing the type of the work, it is important, to be honest about how this work may affect the property and about the measures that you are willing to take in order to mitigate this effect and/or to rectify any damage. Your neighbours may have a few concerns and/or some specific conditions that you may address during the discussion.

== Identifying Property Owners ==

The current occupier of a property may not be its legal owner. Therefore, it is prudent to use the ‘HM LAND REGISTRY ONLINE SEARCH’ option in order to avail a ‘title register’ or ‘title summary’, as it enables you to find the legal owner of any property before sending a notice.

== Clarify Your Plans ==

The owner of the adjoining property may dispute the notice in order to have a better understanding of your plans. An owner may even dispute in order to make sure that additional works will be performed in order to mitigate any impact of the work on their property. It is possible to avoid any dispute if you are clear about your plans from the beginning.

== What to Do When a Dispute Arises? ==

You cannot begin any work on the party-wall until the dispute has resolved and you have received the written consent from the neighbour of the adjoining property. If you fail to reach an agreement with your neighbour or fail to persuade him/her to sign the consent form, then it is prudent to contact an independent [https://en.wikipedia.org/wiki/Party_wall_surveyor party wall surveyor] who can draw up an impartial settlement.

It is possible to appoint anyone as a party-wall surveyor if this individual is not a party to the matter. However, it is important to appoint someone who has in-depth knowledge regarding the details of Party Wall etc Act and who understands the details of the construction. Therefore, it is prudent to appoint an experienced surveyor who can help you and your neighbour reach an agreement and let you maintain cordial relations with him/her.

You and your neighbour have the liberty to appoint one surveyor (agreed surveyor) to impartially represent the interests of both parties or may appoint separate surveyors (individual surveyors) for both parties. In the second scenario, two individual surveyors work together in order to reach an impartial award that is fair to both parties. However, it may become necessary to appoint a [https://www.blsurveyors.com/i-discuss-third-surveyors/ third surveyor] if individual surveyors fail to reach an agreement.

It is important to keep in mind that you must pay for the expenses, as you are supposed to do some construction work on the party-wall. A [https://www.blsurveyors.com/ party wall surveyor] is supposed to draw up a document (referred to as an ‘Award’) which includes the following details.

* Details of the construction work and when or how this work is going to be performed.
* Details of the present condition of both adjoining properties.
* Details of how to share the cost of the planned work have shared benefits for both owners.

[[Category:Conservation]] [[Category:Publications_/_reports]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Standards_/_measurements]] [[Category:Roles_/_services]]

File:A Boundary Dispute.jpg

2019-12-30T14:09:02Z

Berrylodge:

== What is a Party Wall Dispute or Boundary Dispute? ==

Boundary or Party Wall Disputes or issues may take place when two different parties, usually property owners, disagree the location, width, ownership or maintenance liabilities of the boundary line.

Boundaries are generally set by determining features such as a fence, wall, hedge, driveway, tree, post or even a stone marker.

Over the years of the property owners and various occupants, the boundaries can often be moved, diverted, adjusted and even overgrown.

While the legal boundary line will always be indicated on the Land Registry Title Plan, often these will be to a very high scale, usually 1 to 1,250.

In practice, this means that when a Surveyor attempts to determine the boundary line using Land Registry Title Plan scale, there can be as much as a one-meter wide uncertainty as to where the true boundary line lies.

[[File:A_Boundary_Dispute.jpg]]

The [https://en.wikipedia.org/wiki/Party_Wall_etc._Act_1996 Party Wall etc Act 1996] provides a framework to prevent and resolve the disputes with regards to the boundary walls, party walls and any type of excavation near the neighbouring buildings. According to this act, there are primarily three types of party walls.

* A wall that stands on the lands of more than one owner and forms one part of a building.
* A wall that stands on the lands of two owners without being part of any building on the land.
* A wall that is on the land of one owner; however, it is being used by two or more owners to separate their buildings.

The Party Wall etc Act 1996 was passed to prevent the [https://www.blsurveyors.com/services/surveying/boundary-dispute/ party wall disputes] and to protect the owners of the neighbouring premises. The Party Wall etc Act sets out an owner’s obligations and responsibilities for the work that may leave an effect on other people's property.

== Reasons Behind Party Wall Disputes ==

A dispute may arise due to various reasons when you are being compliant with the Party Wall etc. Act. For example, you may send a written notice to the owner of the adjoining property 2-12 months before starting any type of work on the wall. In this scenario, your neighbour is supposed to provide written consent to the outlined work on the notice within 14 days. You are in dispute if your neighbour fails to do this task within the timeline.

A Party Wall Dispute may always not be acrimonious. A property owner may fail to respond to a written notice due to various reasons. Your neighbour also has the right to legally dispute notice in order to ensure that this work has no adverse effect on their interests and to avail the legal protection of an Award. Therefore, all types of party-wall disputes are not acrimonious.

== Preventing Party Wall Disputes ==

It is not difficult to prevent these disputes before starting a project and you may use the following tips in this regard.

== Discussing Plans With Neighbour ==

Discussing your plans with the owner of the neighbouring and adjoining property is the easiest way to resolve any party wall dispute. Alongside discussing the type of the work, it is important, to be honest about how this work may affect the property and about the measures that you are willing to take in order to mitigate this effect and/or to rectify any damage. Your neighbours may have a few concerns and/or some specific conditions that you may address during the discussion.

== Identifying Property Owners ==

The current occupier of a property may not be its legal owner. Therefore, it is prudent to use the ‘HM LAND REGISTRY ONLINE SEARCH’ option in order to avail a ‘title register’ or ‘title summary’, as it enables you to find the legal owner of any property before sending a notice.

== Clarify Your Plans ==

The owner of the adjoining property may dispute the notice in order to have a better understanding of your plans. An owner may even dispute in order to make sure that additional works will be performed in order to mitigate any impact of the work on their property. It is possible to avoid any dispute if you are clear about your plans from the beginning.

== What to Do When a Dispute Arises? ==

You cannot begin any work on the party-wall until the dispute has resolved and you have received the written consent from the neighbour of the adjoining property. If you fail to reach an agreement with your neighbour or fail to persuade him/her to sign the consent form, then it is prudent to contact an independent [https://en.wikipedia.org/wiki/Party_wall_surveyor party wall surveyor] who can draw up an impartial settlement.

It is possible to appoint anyone as a party-wall surveyor if this individual is not a party to the matter. However, it is important to appoint someone who has in-depth knowledge regarding the details of Party Wall etc Act and who understands the details of the construction. Therefore, it is prudent to appoint an experienced surveyor who can help you and your neighbour reach an agreement and let you maintain cordial relations with him/her.

You and your neighbour have the liberty to appoint one surveyor (agreed surveyor) to impartially represent the interests of both parties or may appoint separate surveyors (individual surveyors) for both parties. In the second scenario, two individual surveyors work together in order to reach an impartial award that is fair to both parties. However, it may become necessary to appoint a [https://www.blsurveyors.com/i-discuss-third-surveyors/ third surveyor] if individual surveyors fail to reach an agreement.

It is important to keep in mind that you must pay for the expenses, as you are supposed to do some construction work on the party-wall. A [https://www.blsurveyors.com/ party wall surveyor] is supposed to draw up a document (referred to as an ‘Award’) which includes the following details.

* Details of the construction work and when or how this work is going to be performed.
* Details of the present condition of both adjoining properties.
* Details of how to share the cost of the planned work have shared benefits for both owners.

[[Category:Conservation]] [[Category:Publications_/_reports]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Standards_/_measurements]] [[Category:Roles_/_services]]

File:A Boundary Dispute.jpg

2019-12-30T13:45:41Z

Berrylodge: