Party Wall Notification
This involves conducting a detailed analysis of proposed building works, usually with design drawings from architects and/or structural engineers, to decipher which aspects fall under the remit of the Party Wall etc. Act (the Act). We then present our findings in an itemised way within formal documentation, known as party wall notification, which is served upon qualifying owners of properties located close to where works are proposed (Adjoining Owners). These can encompass freeholders and/or long leaseholders, as identified through searches on H. M. Land Registry searches. Serving notification discharges the initial obligation of the property owner who plans to undertake works (Building Owner) and is essentially the first step of what is often termed the “party wall process”.
We assemble notification in a way which best ensures Adjoining Owners can grasp the nature and specifics of the works proposed, irrespectively of their familiarity with building terminology and/or construction processes, and we will carefully select accompanying drawings often with clarifying annotations, thereby enabling Adjoining Owners to make the most informed decision on how to respond. Furthermore, we encourage recipients to contact us upon receiving notification for further explanation and make an allowance in our fees accordingly.
We should stress that the Act may apply in situations where there is the absence of a party wall, such as for new construction at or upon a boundary line and for excavation work within a specified proximity to structures in which Adjoining Owners have an interest.
We recommend that a Building Owner contacts the Adjoining Owners before notification is served to explain on a more informal level the nature of the proposed works and to hear any concerns they may have, not least because it engenders a spirit of cooperation which may avoid a dispute and the need for a party wall award.
Party
Wall Notification
Building Owner's Surveyor
Building Owner's Surveyor
Should owners upon whom party wall notification has been served (Adjoining Owners) not respond by consent (meaning there will exist a dispute), we would gladly take on this role (assuming our impartiality is not compromised), where the primary aim is to negotiate and serve a party wall award, needed to enable notified building works to begin. If Adjoining Owners respond by consent, then no party wall award is required and there is no role for the Building Owner’s surveyor (or indeed the Adjoining Owner’s surveyor).
We are open to offering a fixed fee for services under this category, where matters are straightforward, and we can reliably predetermine the extent of our input.
Adjoining Owner's Surveyor
Should owners upon whom party wall notification has been served (Adjoining Owners) not respond by consent (meaning there will exist a dispute), then a surveyor must be appointed and we would gladly take on this role (assuming our impartiality is not compromised), in which we would liaise with the surveyor appointed by the property owner who plans to undertake building works (Building Owner’s Surveyor) to negotiate and serve a party wall award, needed to enable notified works to begin.
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Our fees for taking on this role would typically be borne entirely by the Building Owner and tend to be quantified on a time-spent basis.
Adjoining Owner's Surveyor
Agreed Surveyor
Agreed Surveyor
Should owners upon whom party wall notification has been served (Adjoining Owners) not respond by consent (meaning there will exist a dispute) and with mutual agreement, we would gladly take on this role assuming we felt able to discharge our duties impartially as demanded by the Party Wall etc. Act.
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The primary aim of this role is to produce and serve an equitable party wall award, which balances the rights of the Building Owner to execute notified building works with the rights of Adjoining Owners to have inconvenience kept to the minimum practicable level.
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Our fees for taking on this role would typically be borne entirely by the Building Owner.
Party Wall Awards
Party wall awards are most frequently required when owners upon whom party wall notification has been served (Adjoining Owners) do not respond by consent (meaning there will exist a dispute) and are a necessary authority for notified building works to begin and represent a resolution to the dispute. They are legally enforceable documentation, made and served by surveyors appointed under the provisions of the Party Wall etc. Act which principally seeks to balance the rights of one interest to undertake those notified works with those of the other party not to have unnecessary inconvenience imposed.
Party
Wall Awards
Benchmark
via
Schedules
of
Condition
Benchmark via Schedules of Condition
Property owners served with party wall notification (Adjoining Owners) tend to be more inclined to offer a consent response if the owner who proposes building works (Building Owner) instructs this form of survey and report at their cost. We would be pleased to record a schedule of condition, which will help prevent neighbourly disagreements from arising at a future date, most particularly in connection with physical damage sustained or alleged on the Adjoining Owner’s property.
Our schedules of condition will typically include both photographic and written elements with consistent orientation references throughout for purposes of aiding identification of damage at some future date.
Instructing a schedule of condition can also be worthwhile where proposed works pose some risk of damage to the Adjoining Owner’s property even where the Party Wall etc. Act does not apply. We recommend a fully transparent approach, which involves sharing the report amongst the Building Owner and Adjoining Owner prior to the commencement of works.
We typically offer a fixed fee for this element of our service, particularly where access is arranged and/or coordinated by others.
Scaffold & Crane Agreements
The Party Wall etc. Act (the Act) is helpful in providing temporary rights of access over neighbouring owner’s property to enable and/or facilitate building works in a broad range of scenarios, however outside of these a reliance on another form of agreement (under common law) may be needed, sometimes in addition to a party wall award. In the event access was needed in connection with demolishing or raising an existing wall alongside a boundary but critically not across it (meaning not a party wall), then rights of access could be secured through the Act.
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We would be pleased to discuss matters with either the interest seeking to secure access rights or those onto whose property is sought.
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We take the time to understand the circumstances surrounding the access requirement including the context and likely impact to provide the best platform for negotiation. We then conduct a careful dialogue with our clients to assess their needs, flexibility, and aspirations, which could be to secure monetary compensation.
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Our fees for taking on this role would typically tend to be quantified on a time-spent basis, given the difficulties in predetermining the extent of our input, particularly given there is no duty for impartiality (unlike for matters under the Act).
