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Address: Angell Thompson 12a High Street Banstead Surrey SM7 2LJ
Party Wall Matters Made Simple
Before Relevant Works Commence
If you intend to:
work on an existing shared wall or shared structure….
...build up to or astride a boundary with a neighbour,
or excavate within 3m of a neighbour’s building….
….it is likely you will be affected by the provisions of the Party Wall Etc. Act 1996
If you are carrying out the work you are the ‘Building Owner’ and you will be required to serve one or more of a variety of Notices on the affected neighbour/s. We can undertake this on your behalf.
If you are the neighbour of someone intending to carry out work, and/or have received a Notice from them, you are the ‘Adjoining Owner’. We can respond to, or request such Notices on your behalf.
If a Building Owner serves Notice on an Adjoining Owner, and the Adjoining Owner agrees (consents) to the works, then no further action is necessary and no Surveyor need be involved.
If the Adjoining Owner wishes, he can ‘dissent’ to the work, and a ‘dispute’ is then deemed to have arisen. The language is unnecessarily contentious; a ‘dispute’ does not necessarily mean there is an objection from the Adjoining Owner. It does however mean that further action must be taken to protect the rights and interests of both parties:
The Building Owner will need to appoint a Party Wall Surveyor to act on his behalf, at his own cost. The Adjoining Owner is entitled to appoint a different Party Wall Surveyor, also at the Building Owner’s reasonable cost. If both neighbours agree, it is possible to appoint an ‘Agreed Surveyor’ to act on behalf of both. As mentioned above, any Party Wall Surveyor is independent – he is there to ensure that the rights of both property owners are protected under the Act.
When two Surveyors (or an Agreed Surveyor) are appointed, they will serve and respond to any Notices, and will then collaborate in an examination of the areas of the Adjoining Owner’s property which might be affected by the works, usually preparing a jointly-agreed schedule of condition and photographic record. This will form part of the Party Wall Award which they will then issue, and have signed by both Owners. The Surveyors will return once the works are completed, re-examine the same areas and record any new damage. Any damage caused by the works will be repairable at the reasonable cost to the Building Owner.
It is relatively unusual for damage to be caused. However, if damage is caused, the prior preparation of a schedule of condition and photographic record ensures the Adjoining Owner is able to demonstrate their loss. If damage is alleged, the Building Owner possesses the same schedule to protect him against a spurious claim. It is in the interest of both parties to have a professional record of made of the condition of neighbouring property in close proximity to proposed construction works.
We saw Steve last week and both expressed our most grateful and heartfelt thanks to him, the contractor and all of his team for the quite wonderful and fantastic job of restoring our home.
Mr C - Kent
Mr S - Epsom, Surrey
Your views are always so practical, much appreciated!
Mr S - Epsom, Surrey
Mr & Mrs T, Maidstone, Kent
We are really loving our beautiful new home. We can still hardly believe it. Thank you so much Steve, you have been a tower of strength for us over the last year.
Mr & Mrs T, Maidstone, Kent
Mr and Mrs C, Broadstairs, Kent
I would not wish to inflict on any one what we have had to go through over the last 11/12 months but all I can say is that you and the building team have been fantastic.
Mr and Mrs C, Broadstairs, Kent
Mr and Mrs P, Caterham, Surrey
You cannot begin to understand how good it was for us to meet up with you last week….
Mr and Mrs P, Caterham, Surrey
Mrs M, Weybridge, Surrey
Many thanks for a job well done
Mrs M, Weybridge, Surrey
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