Party Wall surveying procedures are designed to manage the rights and responsibilities of property owners when building or making significant alterations to properties in England and Wales.
Here’s a general overview of the steps involved with Party Wall Surveying procedures:
1. Notification
The building owner must notify adjoining owners of their intention to undertake work. This is done via a Party Wall Notice, which outlines the proposed work and timelines.
The building owner: The owner planning on completing the construction works.
The adjoining owner: The owner who adjoins the panned construction works.
Party Wall Notice: A letter sent to the adjoining owner by the building owner (or the building owner’s agent).
2. Response from Adjoining Owners
The adjoining owners have 16 days to respond to the building owner’s Party Wall Notice.
16 Day Response Time: This is made up of 14 calendar days from the date of post. With a further 2 calendar days being added to allow for postal timing.
Responses that an adjoining owner can select are:
Consent to the Work
This response brings an end to the procedures and means the building owner is able to commence their planned works without any further procedures as prescribed by the Party Wall etc Act 1996 being followed.
It’s important to note that post Consent, an adjoining owner can still Dissent to the works however it has to be on the basis that there is a dispute which requires the input of a Party Wall Surveyor, or Surveyors to resolve.
Dissent to the Work
This response means that the adjoining owner wants the further procedures as prescribed by the Party Wall etc Act 1996 to be administered, in which case a Party Wall Award will be agreed.
3. Appointment of Surveyors
If there is Party Wall Notice Dissent, there are two outcomes; each party (the building owner and adjoining owner) may appoint their own Party Wall Surveyor. Alternatively, both parties can agree on a single Party Wall Surveyor (the “Agreed Surveyor”).
Surveyor Appointment: This has to be in writing with an owner formally appointing a Party Wall Surveyor to act on their behalf
4. Party Wall Award
A Party Wall Award is a legal document which is commonly referred to as a Party Wall Agreement. An Award can only be prepared by a Party Wall Surveyor or Party Wall Surveyors.
It will set out:
- The rights and obligations of each party.
- Specific work details, timings, and access arrangements.
- How any potential damage will be handled.
Party Wall Awards: These cannot be agreed by the owners. Post Party Wall Notice Dissent, the duty of agreeing a Party Wall Award will rest with the Party Wall Surveyor or Surveyors.
5. Implementation of Work
Once the Party Wall Award is agreed, served and in place, the building owner can proceed with the work.
At this point, the Act’s formalities have been concluded. Party Wall Surveyors aren’t tasked with monitoring the works or policing the Award. That being said, if there is some form of new dispute (such as damage) which arrises from the works, it is common for the Party Wall Surveyor or Party Wall Surveyors to formally step back in to resolve that issue.