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Party Wall Agreements are covered by the Party Wall Act 1996, which seeks to enable property owners to undertake works to their property while protecting the interests of neighbours.  Notices are served on neighbouring properties that may be affected before any works begin.

These Agreements are most commonly used when building house extensions or basement/loft conversions next to an adjoining property.  They cover structures such as boundary walls and shared walls between semi-detached or terraced houses, and floors between flats.  However, these agreements can also be applied to any work that is being carried out within 3-6 metres of a neighbouring structure, if operations such as foundation excavation are deemed to have an impact on a neighbouring property.

The Party Wall Agreement will include:

• How the works should progress, including working hours;
• Drawings and construction details of the proposed works;
• Schedule of condition of the neighbouring property;
• Contractor’s public liability insurance details;
• Any indemnities;
• Surveyors details and access arrangements.

Work commonly covered by the Party Wall Agreement include:

• Excavation of foundations that may encroach close to and beneath adjoining structures and within 3-6 metres of a neighbouring property;
• Cutting into a wall to take a structural beam (such as for a loft conversion);
• Inserting damp proof membranes or flashings that may ‘encroach’ onto a neighbouring roof or building;
• Alterations to a party wall, such as increases in height or thickness;
• Demolition and rebuilding of a party wall;
• Underpinning of a party wall.

Minor works such as drilling to hang pictures or shelves or chasing out for new wiring or sockets in a shared wall between properties does not usually require any Party Wall Agreement.

So basically, if you are doing any building or structural work on or near a wall/boundary you share with a neighbour, you are likely to need a Party Wall Agreement.

The post What is a Party Wall Agreement? appeared first on White & Lloyd.

The Process 

If you are a building owner wishing to carry out work, you will need to:

1. Serve a party wall notice on the adjoining owners affected by the works.
2. If the adjoining owners consent, then there is no dispute and works can commence once the notice period has run (or sooner if the adjoining owners agree)
3. If the adjoining owners dissent then there is a dispute which needs to be resolved by surveyors.
4. Both sides should appoint a surveyor (you can concur on the appointment of a single surveyor if both sides agree).
5. The two surveyors (or single agreed surveyor) will then consider the works and prepare an award. The award is the agreement that sets out the rights and responsibilities of both parties. It also sets out the terms under which work can proceed.
6. Once the award is in place then works can commence once the notice period has run.

How to get consent?

The easiest, quickest and cheapest way to reach a party wall agreement is to receive the consent of the adjoining owners.

If a notice has been served, and the adjoining owners provide a written consent, then this is the end of the process.

We strongly recommend that building owners discuss their works with the adjoining owners, outlining the specific aspects that may affect them.

Adjoining owners are far more likely to consent if they understand the works and the reason for serving notice.

It is worth bearing in mind that the two parties (building owner and adjoining owner) are free to reach any agreement they want. It is perfectly valid for an adjoining owner to consent on the basis that the building owners provides something in return. This could be:

1. A survey of the adjoining property
2. A promise to repair the fence
3. A bottle of wine
4. A future consent to future work by the adjoining owner
5. Anything that both parties decide

What happens if the neighbour dissents? 

If the adjoining owners dissent to the notice then a “dispute” has arisen in the eyes of the Party Wall Act.

Both parties must appoint a surveyor. The surveyors will check the building plans and discuss any important points with you.

Under The Act, surveyors are required to be impartial, they are working in the best interests of the wall.

The adjoining owners property will be inspected by the surveyor(s) and its existing condition recorded. Should any damage occur during or after the work, the Schedule of Existing Condition is used to prove it is as a result of the works.

The surveyor(s) will then agree the terms under which work can begin. They will also set out any precautions that might need to be taken to protect the adjoining properties.

These terms form the Party Wall Award, a legally binding document which is signed the surveyor(s) and issued to the property owner and the adjoining owner.

The properties are then inspected on completion to check for any damage. If there is damage, then the surveyors will agree how it gets resolved.

We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London.

We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

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In usual circumstances 

It is the building owner that is carrying out the works and instigating the party wall process (by the serving of notices). It is, therefore, the building owner that is usually responsible for paying the surveyors fees for both sides.

What if the fees are not reasonable?

If the building owner feels the fees are not reasonable, there is a right to refer the matter to the Third Surveyor or appeal the award in the County Court (within 14 days of the award being served).

It is usually best to discuss fees with your surveyor in the first instance as they should be able to provide their timesheets as well as the timesheets for the other surveyor.

If surveyors are able to demonstrate their fees as reasonable then an appeal or Third Surveyor is unlikely to be successful.

See article How Much is a Party Wall Agreement?

When could the adjoining owner be Liable for fees? 

As a general rule, it is the person “desirous of carrying out the work” that will be liable for the fees, so usually the building owner.

The adjoining owner may become liable for fees in the following circumstances:

1. If they are asking the building owner to carry out work over and above what they intended to (ie: to build a party wall higher or out of different materials)
2. If they instruct their party wall surveyor on matters outside of the party wall act. The building owner is only liable for the surveyors fees within their remit as a party wall surveyor and in direct relation to the building owners works
3. If they (or their surveyor) refers a matter to the Third Surveyor and the Third Surveyor finds in favour of the building owner. The Third Surveyor will apportion costs as they see reasonable – usually to the party they find against. If the Third Surveyor determines against the adjoining owners then they are likely to apportion their fees and any other associated costs to the adjoining owners.

We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London.

We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

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Head Office

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11 High Street
Thames Ditton, Surrey
KT7 0SD
0208 191 7747

office@whiteandlloyd.com

London Office

Chester house
81-83 Fulham High Street
Fulham Green, Fulham
SW6 3JA
0203 637 2213

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Who Is Involved? What Do They Do? When Do They Do It?

Party Wall who is responsible?  How do Party Wall Agreements work?  Michael White C.Build.E FCABE FFPWS explains who is involved in the process, their purpose and the responsibilities of their role.

Find out more

Advice To The Building Owner

The process of resolving a dispute under The Party Wall Act can involve input from a myriad of people, many of which are operating at the expense of the Building Owner. Here, Michael White C.Build.E FCABE FFPWS explains who is involved in the process, their purpose and the responsibilities of their role….

The Roles?

Within the mechanism of The Party Wall Act, when a dispute arises between property owners, both owners develop a key role within the process. Each owner may then be represented by a surveyor and, in the interests of avoiding a stalemate, a third surveyor is duly selected.

So, at the very outset of a dispute, there is the potential for involvement from five people, and this is before we consider the roles of the designers, contractors and engineers.

The following definitions attempt to define the responsibilities of each role and, as a result, provide some insight into their involvement within the process.

1. The Building Owner(s)

The Building Owner is the central figure of the process, it is their intention to carry out works that instigates the process by the serving of notices. There is a simple definition contained within the Act:

 “Building owner” means an owner of land who is desirous of exercising rights under this Act”

The key role of the Building Owner is to serve notice and, in the case of a dispute, appoint a surveyor. All joint owners of a property are regarded as Building Owners and all should be named as such on any notices served.

2. The Adjoining Owner(s)

The term “Adjoining Owner” covers any owner of land, buildings, storeys or rooms adjoining those of the Building Owner. Clearly the term “adjoining” requires some definition as it will vary depending on the type of work to be undertaken and the proximity between the two buildings. Under section 6 an Adjoining Owner can be an owner of buildings within 6m of the proposed work.

Section 20 contains the following definition of an Adjoining Owner:

“(a) a person in receipt of, or entitled to receive, the whole or part of the rents or profits of land;

(b) a person in possession of land, otherwise than as a mortgagee or as a tenant from year to year or for a lesser term or as a tenant at will;

(c) a purchaser of an interest in land under a contract for purchase or under an agreement for a lease, otherwise than under an agreement for a tenancy from year to year or for a lesser term;”

3. The Building Owners Surveyor

Section 20 defines the surveyor as:

“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.”

If a dispute has arisen the parties are required to appoint a surveyor. This can be anyone that is not a party to the matter. The surveyor does not need to have any specific qualifications and he may already be involved in the works (ie: as an architect or engineer). While qualifications are not a requirement, it is generally accepted that a party wall surveyor should have experience and competence to be able to act in the role of an expert. The surveyor should at least be able to make basic judgments on the substantive issues without having to seek advice from other professionals.

4. The Adjoining Owners Surveyor

The surveyor acting on behalf of the Adjoining Owner. As with the Building Owner’s surveyor, this person can be anybody not involved in the dispute.

The role of the Adjoining Owners Surveyor is primarily to represent the interests of the Adjoining Owner and ensure the correct implementation of the requirements of the Act. Key responsibilities include:

• Review and comment on the notices, with the intention of verifying their validity
• Cooperate in the forthwith selection of the Third Surveyor
• Ensure a Schedule a Conditions is carried out properly (not a requirement under the Act but generally considered as good practise)
• Review draft award documents and provide comments to ensure fair and comprehensive award(s) are served
• Countersign awards, document registers and schedules of condition

The Adjoining Owners surveyor will usually allow time within his fee to carry out a site inspection during the works and after completion. The purpose of these visits is to ensure work is progressing in accordance with the drawings and method statements and, after completion, to review the adjoining property against the schedule of condition and check for damage caused.

5. The Third Surveyor

In instances where there are two surveyors appointed (one acting for the Building Owner and one acting for the Adjoining Owner) the first act they must undertake in resolving the dispute is to select a Third Surveyor. The usual process is that the Building Owners surveyor nominates three choices to the Adjoining Owners surveyor, who then proceeds to select their preferred option. If the Adjoining Owners surveyor does not feel any of the three choices are suitable they may decline to select any of them and suggest three alternatives. In instances where the two surveyors are unable to agree on the selection of the Third Surveyor they must refer it to the Appointed Officer within the local authority to make the selection.

The Third Surveyor does not need to agree to be selected and, often, he will not even be aware of his selection until called upon.

The Third Surveyor is usually an experienced specialist in party wall matters.

6. The Agreed Surveyor

When an Adjoining Owner indicates their dissent, they are then required to appoint a surveyor. They may appoint the same surveyor as the Building Owner, in which case the surveyor in question becomes the Agreed Surveyor and prepares the award on behalf of both parties. In this instance, there is no requirement for a Third Surveyor.

7. Design Engineers

This term covers the structural engineer (or group of engineers) that produced the engineering elements of the proposed design. In most projects a set of engineering details (drawings and calculations) are needed at the time notices are served as they set out the extent of the notifiable works and detail numbers, sizes and locations of steel beams. The structural design is also likely to set out the depth and location of foundations, so the details prescribe the depth of excavations and are crucial to notices served under section 6.

The role of the design engineers becomes even more prevalent on basement projects, where the design is far more involved and includes the temporary works (propping and temporary support details), reinforced concrete underpinning and retaining walls. The technical details of such a design may extend beyond the expertise of most surveyors, in which case it is prudent to engage the services of a checking engineer to assist in the evaluation of the design.

8. Checking Engineers

A dispute may involve complex construction issues and the surveyors may need to rely on input from experts in order to reach the correct solution. On complex engineering projects most Adjoining Owners Surveyors will appoint a third party engineer to assess the design and comment on its adequacy. Checking engineers may also be requested to visit the site during the works to assess conditions on site as work progresses or to ensure construction methods are being followed.

The cost of the checking engineers fees are usually written into the award and, as with the vast majority of costs uncured under the Act, are to be paid by the Building Owner.

9. Contractors

The building firm selected to carry out the proposed works. They may be requested to provide information on how they intend to carry out works, the programme of works, method statements, insurances…etc.

10. Architects

The person or practice responsible for the design of the proposed works. The architect is usually the person with the most knowledge of a proposed scheme and has normally been involved since the projects conception and through the planning stages. They are responsible for deciding design information and would need to produce drawings to show detail around the notifiable works. This normally involves weathering or waterproofing detail, lead flashings cut in to the party wall…etc.

11. Adjoining Occupier

A person, other than the Adjoining Owner, that resides at an Adjoining Owner’s property. Occupiers have limited rights and obligations and a Building Owner is not required to serve an Occupier with a notice of intended works. However, if the building owner wishes to carry out works by consent, he needs to have the consent of the adjoining occupiers as well as the adjoining owners (section 3(3)(a)).

Adjoining occupiers are obliged to allow entry under section 8 of the Act, subject to the requirements of notice in that section, and can commit an offence if they do not permit entry.

12. Inspection on completion

12. The properties are then inspected on completion to check for any damage. If there is damage, then you have the choice of letting their contractor put it right or taking compensation instead.

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• What if I fail to comply with the Party Wall Act? Can a Party Wall Notice be served retrospectively?
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• What is a Party Wall Agreement?
• How Much Does a Party Wall Agreement Cost?
• WHEN IS A PARTY WALL AGREEMENT REQUIRED?

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Adjoining Owners Ask Mike Careers General Property Owners The Party Wall Act

Are you a Building Owner?

If you are planning on doing some work to your property here are some of the things you need to know before you get started.

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We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London.

We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

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Thames Ditton, Surrey
KT7 0SD
0208 191 7747

office@whiteandlloyd.com

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SW6 3JA
0203 637 2213

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The post The Party Wall Act – Who Is Involved? What Do They Do? When Do They Do It? appeared first on White & Lloyd.

The Party Wall Act etc 1996 allows surveyors to act under statute, providing a level of responsibility and professional duty to those that are not required to hold any qualifications, accreditations or specific competencies. Here, Michael White C.Build.E FCABE FFPWS, explores the growing issue of rogue surveyors…

This is clearly a sensitive subject, and one that should be treated with care to avoid smearing the professional majority with the same murky brush as the unethical few. There is not an industry in the land that is free from people taking advantage of the vulnerable or exploiting the powers given to them. The Party Wall Act provides surveyors with the ability to override the legal rights of their neighbours. It gives the opportunity to cut into the adjoining property, to underpin it, or even to demolish and rebuild it. All actions that, under common law, would be considered as nuisance, trespass or criminal damage. It seems only correct that The Act is administered with correct amounts of care and attention and with a due regard to the rights and responsibilities of owners on both sides of the fence.

The Good

The Act has much to be admired for. It is, at its core, an enabling piece of legislation, designed to resolve disputes and provide rights to all owners. It is there to allow work to proceed rather than prevent or delay it and, when administered well, it can provide valuable assistance to the building owners wishing to build on or near the line of junction. There are numerous surveyors who could be considered as experts in the field, providing the necessary technical know how to recognise the relevant issues as well as providing the ability to implement The Act’s mechanisms to resolve technical disputes in an efficient manner.

There is also excellent guidance available on the subject. Practising surveyors and the general public can tap into resources made available by DCLG, RICS, The Faculty of Party Wall Surveyors, The Pyramus & Thisbe Club and others. Indeed, it is difficult to pinpoint a field of surveying that benefits from greater levels of assistance and advice.

The Bad

For all the good contained within The Act, it fails to insist on minimum standards of competence or qualifications of those appointed surveyors upon whose shoulders its powers are placed. The outcome is fairly inevitable: a vast majority of ethically minded and professionally competent surveyors working alongside the few that are prepared to take advantage of the opportunity to secure appointments from unsuspecting owners, create disputes and generate excessively high fees. The tactics will be familiar to all those that have experience in party wall matters: taking the best part of two weeks to respond to an email, insisting on disproportionate levels of security / checking engineering / movement monitoring / site investigations, and then the old chestnut of delaying the consent to special foundations (if taken to the extreme this consent is withheld to the point where the building owner designs the less efficient mass concrete solution which, when put to the checking engineers, is quickly replaced with the original special foundations along with all the necessary consents….. ah, those loveable rogues!).

The issue of excessive fees is one that will resonate with most building owners (and their surveyors). The wayward surveyor has become adept at delaying the start of the works to such an extent that, by the time the fees become due, the building owner is prepared to pay whatever it takes to bring an end to the whole sordid affair.

The Ugly

There are certain misdemeanors that sail way beyond the description of “bad”. The most common of which is the unethical securing of appointments. The general tactic will be familiar to most and goes something along the lines of:

1. Scour planning sites looking for notifiable work
2. Write to the adjoining owner to tell them their neighbour is obliged to serve notice
3. Include a line that says “To take advantage of our FREE OF CHARGE service please sign here”
4. Armed with a signed appointment write to the building owner to explain they must serve a notice
5. Once formally appointed charge top rate fees for very little valuable input.

A surprisingly widespread practise that will be familiar to all those that have submitted a planning application, or lived next door to someone that has. The real problems manifest themselves later in the process when both owners find themselves with a non-communicative surveyor, prepared to put in only minimal input before demanding maximum fees. It is clear that these surveyors do not act in the best interests of their appointing owners and have no intention of doing so. It is a practice has been going on for long enough to give party wall surveyors a reputation that does not sit well alongside the high standards of the RICS and the other accrediting bodies.

The Answer?

This surveyor does not claim to hold the answers but, as with most problems, the pathway to a solution must lie among some difficult questions:

• Does there needs to be greater regulation among party wall surveyors?
• Is it possible to restrict to the ability to be appointed to those that can prove a level of ethics and competency?
• Could there be any means of control over those that look to abuse the process?

The Party Wall Act is twenty years old this summer and the problem appears to be on the increase. There may be a temptation to avoid rocking the boat that provides a living, but we all have a duty to protect the integrity of the profession.

It seems, to this surveyor at least, to be high time we look to answer some difficult questions.

About the author:

Michael White has been working in the construction industry for 18 years and is a Chartered Building Engineer (C.Build.E) and a fellow of the Chartered Association of Building Engineers (FCABE). He is also a fellow of the Faculty of Party Wall Surveyors (FFPWS) and a member of the Pyramus & Thisbe Club.

Michael has a first class honours degree in Building Surveying from the University of Reading and now practices as a Party Wall Surveyor and Building Engineer. He is one of two directors at White & Lloyd Ltd, a chartered construction consultancy based in Thames Ditton, Surrey.

The practice is accredited by the Chartered Institute of Building (CIOB) and regulated by the Royal Institution of Chartered Surveyors (RICS).

We thrive on your feedback, if you have any comments or questions on the above article we would be delighted to hear from you:

Telephone: 0208 191 7747

E-mai: partywall@whiteandlloyd.com

Twitter: @whiteandlloyd

The post The problem of rogue surveyors operating under the Party Wall Act? appeared first on White & Lloyd.

The Party Wall etc Act 1996 allows notices to be served by Building Owners, but it is vital that the notices contain the correct information, are served in sufficient time and to the correct recipients. Without a valid notice, all subsequent action under the Act may also be invalid, so it is crucial this stage is handled correctly. Our senior party wall surveyor, Michael White, explains types of work that are notifiable and what is required of a valid notice…..

The serving of valid notices is a key requirement of the Act and, without it, no further action is under the Act is possible. A notice is the starting point from which everything else follows. It is therefore crucial to ensure that notices are valid, served at the right time, to the right recipients and cover all items of the notifiable work.

Notices are required when the Building Owner proposes to carry out work under sections 1, 2 or 6 of The Act. As a result, there are 3 types of notice that may have to be served upon an adjoining owner to make them aware of intended work. The Act sets out the detail that should be included in a notice and the requirements vary slightly for each type.

Line of Junction Notice (Section 1)

Served under section 1, a Line of Junction notice covers two distinct tasks:

1. The construction of a new wall built upto a boundary.
2. The construction of a new wall built astride a boundary.

The notice period is one month.

The section 1 notice must indicate the Building Owners desire to build. It is also a requirement that the notice describes the intended wall. The requirements are set out in sections 1(2) and 1(5) of The Act.

If the adjoining owner does not respond to a section 1 notice relating to a neighbour’s intentions to build a new wall up to the boundary, the work can commence when the notice period has expired (note: this is in contradiction to section 2 and section 6 notices, whereby a deemed dissent occurs if the Adjoining Owner fails to respond to a notice).

The building owner may place any necessary footings and foundations (with the exception of reinforced foundations known as ‘special foundations’) under the adjoining owner’s land provided that it is necessary.

The building of a new wall astride the boundary is the only type of work covered under the Act which the adjoining owner can prevent. If the adjoining owner does not respond in writing within 14 days, the building owner will have to build the new wall entirely on his side of the boundary line. Again, the building owner may place any necessary footings and foundations (with the exception of ‘special foundations’) under the adjoining owner’s land.

Party Structure Notice (Section 2)

Party Structure Notices are served under section 3 of the act but cover works described in section 2. They cover alterations that directly affect the party wall and may include (but are not limited to) the following items of work:

1. to underpin, thicken or raise a party structure or a party fence wall
2. to make good, repair, or demolish and rebuild, a party structure or party fence wall
3. to demolish a partition which separates buildings belonging to different owners
4. to cut into a party structure for any purpose
5. to cut away from a party wall, party fence wall, external wall or boundary wall any footing or any projecting chimney breast, jamb or flue
6. to cut away or demolish parts of any wall or building of an adjoining owner overhanging the land of the building owner or overhanging a party wall
7. to cut into the wall of an adjoining owner’s building in order to insert a flashing or other weather-proofing

The notice period for a section 2 notice is 2 months.

Section 3(1) sets out the information needed within the section 2 notice for it to be regarded as valid:

3(1)        (a)          the name and address of the building owner;

(b)          the nature and particulars of the proposed work including, in cases where the building owner proposes to construct special foundations, plans, sections and details of construction of the special foundations together with reasonable particulars of the loads to be carried thereby; and

(c)           the date on which the proposed work will begin.

Notice of Adjacent Excavation (Section 6)

Notices of Adjacent Excavation are concerned with works notifiable under section 6 of the Act. There are two types of excavations that are covered under section 6:

1. Excavating within 3 metres of the adjoining building and to a depth lower than the bottom of the foundations
2. Excavating within 6 metres of the adjoining building, if any part of that excavation intersects with a plane drawn downwards at an angle of 45 degrees from the bottom of the adjoining foundations, taken at a line level with the face of their external wall.

The notice must contain the same information as a Party Structure Notice. In addition, section 6(5) requires a statement as to whether the Building Owner proposes to underpin or otherwise strengthen or safeguard the adjoining owner’s foundations. Section 6(6) also sets out that notices must be accompanied by plans and sections showing the extent of the proposed excavation.

Serving Notices

Notices may be served in the following ways:

1. Delivered to the Adjoining Owner(s) in person
2. Sent via post
3. Sent via email if the adjoining owner has confirmed a willingness to receive the notice electronically.

In instances that the name of the Adjoining Owner is not known, the notice may be addressed to “The Owner”, adding the address of the premises. In this case the notice must be served in person and hand delivered to a person on the premises. If the adjoining property is unoccupied, the notice should be fixed to a conspicuous part of the premises.

Counter Notices

Having been served a valid notice, the Adjoining Owner may serve a counter notice on the Building Owner stipulating certain conditions required for the benefit of the Adjoining Owner. The Counter Notice should set out what additional or modified work the Adjoining Owner would like to be carried out, and should be accompanied by all necessary particulars.

Section 4(3) sets out that the requirements contained within a counter notice must be complied with unless the works required would:

1. Be injurious to the Building Owner
2. Cause unnecessary inconvenience to the Building Owner
3. Cause unnecessary delay in the execution of the works

A counter notice must be served within one month of the service of the original notice. If the Building Owner does not respond a counter notice within 14 days, then a dispute is deemed to have arisen and should be dealt with under the provisions of section 10.

About the author:

Michael White has been working in the construction industry for 18 years and is a Chartered Building Engineer (C.Build.E) and a fellow of the Chartered Association of Building Engineers (FCABE). He is also a fellow of the Faculty of Party Wall Surveyors (FFPWS) and a member of the Pyramus & Thisbe Club.

Michael has a first class honours degree in Building Surveying from the University of Reading and now practices as a Party Wall Surveyor and Building Engineer. He is one of two directors at White & Lloyd Ltd, a chartered construction consultancy based in Thames Ditton, Surrey.

The practice is accredited by the Chartered Institute of Building (CIOB) and regulated by the Royal Institution of Chartered Surveyors (RICS).

We thrive on your feedback, if you have any comments or questions on the above article we would be delighted to hear from you:

Telephone: 0208 191 7747

E-mai: partywall@whiteandlloyd.com

Twitter: @whiteandlloyd

The post How to Serve a Party Wall Notice appeared first on White & Lloyd.

With the continued growth of urban developments, exposure to the Party Wall Act is becoming ever more relevant to homeowners and construction professionals alike. Our senior party wall surveyor, Michael White, explores the skills required of the party wall surveyor and what it takes to be successful in the role…

For many years, the role of party wall surveyor has been filled by a wide range of professionals, with varying degrees of success. It is reasonably common to see an architect or structural engineer switch hats from designer to party wall surveyor when needed, which begs the question: Who is best placed to fill the role? Can a homeowner act for themselves? Is there any benefit in using a specialist party wall surveyor?

The following paragraphs discuss the skills required and the expertise needed to be successful in the role.

The definition of a Party Wall Surveyor

It seems sensible to begin with a look at what a party wall surveyor actually does. Who are they? What do they do? What skills do they have? The Act itself provides a suitably broad definition, Section 20 helpfully describes the surveyor as:

“… 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.”

It is generally accepted that “any person not being a party to the matter” includes anyone and everyone that is not the Building Owner, the Adjoining Owner, or a person with an interest in either property. So, it could be argued that anyone, other than the owner, can be the party wall surveyor…… the contractor, the architect, the engineer, the butcher, the baker, the candlestick maker….

So if anyone could do it, why don’t they?

Because it takes no small amount of skill, knowledge, competence and expertise to be effective. The successful party wall surveyor will be able to:

1. Have a detailed understanding of the proposed works
2. Call upon a construction knowledge to understand the implications of the work on both Building Owner and Adjoining Owner
3. Understand the works which are notifiable under the Act
4. Have a knowledge of the requirements of the Act in the serving of valid notices
5. Show an understanding of the spirit of the Act
6. Effectively resolve disputes within the requirements of section 10 of the Act

The skills required

There is clearly a baseline level of construction knowledge required as a starting point. The next step is to then understand the process and mechanisms contained within the Act before, finally, having the ability to apply the construction knowledge to successfully implement the requirements of the Act.

The required skills are best assessed by considering the specific tasks carried out in preparing and serving a typical award.  When acting on behalf of the Building Owner an appointed surveyor will need to:

1. Review drawings and understand works proposed

Skills Required:

1. Construction knowledge
2. Ability to interpret the impact of works on adjoining properties

2. Prepare and serve notice(s)

Skills Required:         

1. Understanding of sections 1, 2, 3 and 6 and of the Act
2. Knowledge of which areas of the work are notifiable
3. Knowledge of which notices are required
4. Knowledge of what is required of a valid notice
5. Knowledge of how to retrieve Adjoining Owner details and the difference between an Adjoining Owner and an Adjoining Occupier

3. Secure appointment from Building Owner(s)

Skills Required:         

1. Commercial skills to agree level of fee (fixed fee? hourly rate?)
2. Understanding a valid letter of appointment

4. Prepare Schedule of Existing Condition

Skills Required

1. Ability to carry out detailed inspection of adjoining property
2. Understanding of construction types
3. Ability to describe and record existing defects
4. Ability to prepare formal document to be appended to the award

5. Prepare draft Award

Skills Required:

1. Knowledge of what is required from an award
2. Ability to prepare a legally binding document, valid under the Act

6. Agree terms of final award

Skills Required:

1. Understanding of sections 7, 10, 11 and 12 of the Act
2. Negotiation and communication skills
3. Ability to resolve disputes within the meaning of the Act

7. Prepare and serve final award documents

Skills Required:

1. Attention to detail in co-ordinating all details into final bound document
2. Administrative skills to record and store information

8. Post award inspections, resolving issues

Skills Required:

1. Understanding of sections 8, 10, 11 and 12 of the Act
2. Ability to resolve disputes within the meaning of the Act
3. Understanding of the legal process and ability to deal with an appeal process

It should be noted that each Award comes with a unique set of circumstances and, consequently, there is a need for an adaptable and flexible approach. The skills detailed above are generic in nature and relate to a standard award (of which there is, of course, no such thing). To be effective in the role the party wall surveyor will need to display abilities in: dispute resolution, communication, administration, knowledge of legislation and knowledge of construction.

About the author:

Michael White has been working in the construction industry for 18 years and is a Chartered Building Engineer (C.Build.E) and a fellow of the Chartered Association of Building Engineers (FCABE). He is also a member of the Faculty of Party Wall Surveyors (MFPWS) and an associate member of the Royal Institution of Chartered Surveyors (AssocRICS).

Michael has a first class honours degree in Building Surveying from the University of Reading and now practices as a Party Wall Surveyor and Building Engineer in the high end residential sector. He is one of two directors at White & Lloyd Ltd, a chartered construction consultancy based in Weybridge, Surrey.

The practice is accredited by the Chartered Institute of Building (CIOB) and offers advice on party wall matters in Fulham, Wandsworth, Battersea, Wimbledon, Surbiton, Weybridge and throughout Surrey and South West London.

We thrive on your feedback, if you have any comments or questions on the above article we would be delighted to hear from you:

Telephone: 01932 918348

E-mai: partywall@whiteandlloyd.com

Twitter: @whiteandlloyd

The post How to be a Party Wall Surveyor appeared first on White & Lloyd.

The process of resolving a dispute under The Party Wall ect Act can involve input from a myriad of people, many of which are operating at the expense of the Building Owner. Here, Michael White C.Build.E MCABE MFPWS, one of our senior surveyors, explains who is involved in the process, their purpose and the responsibilities of their role….

The Roles

Within the mechanism of The Party Wall ect Act, when a dispute arises between property owners, both owners develop a key role within the process. Each owner may then be represented by a surveyor and, in the interests of avoiding a stalemate, a third surveyor is duly selected.

So, at the very outset of a dispute, there is the potential for involvement from five people, and this is before we consider the roles of the designers, contractors and engineers.

The following definitions attempt to define the responsibilities of each role and, as a result, provide some insight into their involvement within the process.

1. The Building Owner(s)

The Building Owner is the central figure of the process, it is their intention to carry out works that instigates the process by the serving of notices. There is a simple definition contained within the Act:

“Building owner” means an owner of land who is desirous of exercising rights under this Act”

The key role of the Building Owner is to serve notice and, in the case of a dispute, appoint a surveyor. All joint owners of a property are regarded as Building Owners and all should be named as such on any notices served.

2. The Adjoining Owner(s)

The term “Adjoining Owner” covers any owner of land, buildings, storeys or rooms adjoining those of the Building Owner. Clearly the term “adjoining” requires some definition as it will vary depending on the type of work to be undertaken and the proximity between the two buildings. Under section 6 an Adjoining Owner can be an owner of buildings within 6m of the proposed work.

Section 20 contains the following definition of an Adjoining Owner:

“(a) a person in receipt of, or entitled to receive, the whole or part of the rents or profits of land;

(b) a person in possession of land, otherwise than as a mortgagee or as a tenant from year to year or for a lesser term or as a tenant at will;

(c) a purchaser of an interest in land under a contract for purchase or under an agreement for a lease, otherwise than under an agreement for a tenancy from year to year or for a lesser term;”

It can therefore be summarised that an owner is a person with a freehold or leasehold interest in the land and any tenant with a lease greater than one year. An owner does not include a mortgagee (ie: a lender with an interest).

It becomes clear that there may be two or more Adjoining Owners to any given project. If the building owner wishes to excavate along the boundary line and he lives next door to a rented property, both the landlord and tenant will be regarded as Adjoining Owners.

3. The Building Owners Surveyor

Section 20 defines the surveyor as:

“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.”

If a dispute has arisen the parties are required to appoint a surveyor. This can be anyone that is not a party to the matter. The surveyor does not need to have any specific qualifications and he may already be involved in the works (ie: as an architect or engineer). While qualifications are not a requirement, it is generally accepted that a party wall surveyor should have experience and competence to be able to act in the role of an expert. The surveyor should at least be able to make basic judgments on the substantive issues without having to seek advice from other professionals.

4. The Adjoining Owners Surveyor

The surveyor acting on behalf of the Adjoining Owner. As with the Building Owner’s surveyor, this person can be anybody not involved in the dispute.

The role of the Adjoining Owners Surveyor is primarily to represent the interests of the Adjoining Owner and ensure the correct implementation of the requirements of the Act. Key responsibilities include:

• Review and comment on the notices, with the intention of verifying their validity
• Cooperate in the forthwith selection of the Third Surveyor
• Ensure a Schedule a Conditions is carried out properly (not a requirement under the Act but generally considered as good practise)
• Review draft award documents and provide comments to ensure fair and comprehensive award(s) are served
• Countersign awards, document registers and schedules of condition

The Adjoining Owners surveyor will usually allow time within his fee to carry out a site inspection during the works and after completion. The purpose of these visits is to ensure work is progressing in accordance with the drawings and method statements and, after completion, to review the adjoining property against the schedule of condition and check for damage caused.

5. The Third Surveyor

In instances where there are two surveyors appointed (one acting for the Building Owner and one acting for the Adjoining Owner) the first act they must undertake in resolving the dispute is to select a Third Surveyor. The usual process is that the Building Owners surveyor nominates three choices to the Adjoining Owners surveyor, who then proceeds to select their preferred option. If the Adjoining Owners surveyor does not feel any of the three choices are suitable they may decline to select any of them and suggest three alternatives. In instances where the two surveyors are unable to agree on the selection of the Third Surveyor they must refer it to the Appointed Officer within the local authority to make the selection.

The Third Surveyor does not need to agree to be selected and, often, he will not even be aware of his selection until called upon.

The Third Surveyor is usually an experienced specialist in party wall matters.

6. The Agreed Surveyor

When an Adjoining Owner indicates their dissent, they are then required to appoint a surveyor. They may appoint the same surveyor as the Building Owner, in which case the surveyor in question becomes the Agreed Surveyor and prepares the award on behalf of both parties. In this instance, there is no requirement for a Third Surveyor.

7. Design Engineers

This term covers the structural engineer (or group of engineers) that produced the engineering elements of the proposed design. In most projects a set of engineering details (drawings and calculations) are needed at the time notices are served as they set out the extent of the notifiable works and detail numbers, sizes and locations of steel beams. The structural design is also likely to set out the depth and location of foundations, so the details prescribe the depth of excavations and are crucial to notices served under section 6.

The role of the design engineers becomes even more prevalent on basement projects, where the design is far more involved and includes the temporary works (propping and temporary support details), reinforced concrete underpinning and retaining walls. The technical details of such a design may extend beyond the expertise of most surveyors, in which case it is prudent to engage the services of a checking engineer to assist in the evaluation of the design.

8. Checking Engineers

A dispute may involve complex construction issues and the surveyors may need to rely on input from experts in order to reach the correct solution. On complex engineering projects most Adjoining Owners Surveyors will appoint a third party engineer to assess the design and comment on its adequacy. Checking engineers may also be requested to visit the site during the works to assess conditions on site as work progresses or to ensure construction methods are being followed.

The cost of the checking engineers fees are usually written into the award and, as with the vast majority of costs uncured under the Act, are to be paid by the Building Owner.

9. Contractors

The building firm selected to carry out the proposed works. They may be requested to provide information on how they intend to carry out works, the programme of works, method statements, insurances…etc.

10. Architects

The person or practice responsible for the design of the proposed works. The architect is usually the person with the most knowledge of a proposed scheme and has normally been involved since the projects conception and through the planning stages. They are responsible for deciding design information and would need to produce drawings to show detail around the notifiable works. This normally involves weathering or waterproofing detail, lead flashings cut in to the party wall…etc.

11. Adjoining Occupier

A person, other than the Adjoining Owner, that resides at an Adjoining Owner’s property. Occupiers have limited rights and obligations and a Building Owner is not required to serve an Occupier with a notice of intended works. However, if the building owner wishes to carry out works by consent, he needs to have the consent of the adjoining occupiers as well as the adjoining owners (section 3(3)(a)).

Adjoining occupiers are obliged to allow entry under section 8 of the Act, subject to the requirements of notice in that section, and can commit an offence if they do not permit entry.

12. Appointed Officer

Section 10(8) covers circumstances where two surveyors are appointed to resolve a dispute but fail to agree on the selection of the Third Surveyor (a simple task that should be carried out with ease but, sadly, can sometimes prove to be the first sticking point between two surveyors). In such a case section 10(8) comes into play and the Appointed Officer is troubled for his view.

The Appointed Officer is defined within the Act as:

“the person appointed under this Act by the local authority to make such appointments as are required under section 10(8)”

The local authority are expected to have fulfilled their responsibility to have appointed such an officer but, in reality, they are usually unclear as to this requirement. The duty would normally fall to the Head of Building Control or someone with a similar construction related mindset.

It is worth pointing out that, if the two surveyors appointed cannot agree on the simple point of selecting a third surveyor, it does not bode well for the future possibilities of resolving the intricacies of the dispute in question. In such an instance it may be sensible to refer the issue to the Third Surveyor at an early stage in the process.

We thrive on your feedback, if you have any comments or questions on the above article we would be delighted to hear from you:

Telephone: 01932 918348

E-mail: partywall@whiteandlloyd.com

Twitter: @whiteandlloyd

About the author:

Michael White has been working in the construction industry for 18 years and is a Chartered Building Engineer (C.Build.E) and member of the Chartered Association of Building Engineers (MCABE). He is also a member of the Faculty of Party Wall Surveyors (MFPWS) and an associate member of the Royal Institution of Chartered Surveyors (AssocRICS).

Michael has a first class honours degree in Building Surveying from the University of Reading and now practices as a Party Wall Surveyor and Building Engineer in the high end residential sector. He is one of two directors at White & Lloyd Ltd, a chartered construction consultancy based in Weybridge, Surrey.

The practice is accredited by the Chartered Institute of Building (CIOB) and offers advice on party wall matters in Fulham, Chelsea, Clapham, Kensington, Wimbledon and throughout South West London.

The post The Party Wall etc Act 1996 appeared first on White & Lloyd.

The Party Wall Act – A Beginners Guide

Michael White C.Build.E FCABE FFPWS, one of our senior surveyors, offers his “beginners guide”.

Find out more

The Party Wall Act 1996- A Beginners Guide

We appreciate that many people wishing to carry out works on their property have the requirements of The Party Wall Act thrust upon at a relatively late stage in the pre-construction process. We also understand it can be a daunting process for those that have not experienced it before. Here, Michael White C.Build.E MCABE MFPWS, one of our senior surveyors, offers his “beginners guide” which aims to provide an outline understanding of party walls and the requirements of the Party Wall Act…

We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London.

We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

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The post The Party Wall etc Act 1996- A Beginners Guide appeared first on White & Lloyd.