We are going to be discussing Party Wall Surveying procedures and taking a close look at whether works proposed by the building owner will require a Party Wall Agreement. A Party Wall Award is also commonly referred to as a Party Wall Agreement.
First and foremost, this assumes that the works fall under the remit of the Party Wall Act 1996.
Furthermore, it assumes that a Party Wall Notice has been served by the building owner, upon the adjoining owner.
WHAT IS A PARTY WALL NOTICE?
This is a Notice that should be sent by the building owner (the owner completing the construction work) to any neighbours (known as adjoining owners under the Act).
From a legal perspective, the Party Wall Notice will notify the adjoining owner of the planned works, while also outlining what works are taking place.
The Notice will confirm what sections of the Party Wall etc Act 1996 the planned works fall under and will generally be accompanied by drawings illustrating the planned works.
It’s worth noting that drawings are only a mandatory requirement when the building owner’s construction work include some form of excavation or digging within 6 metres of the adjoining owner’s property. That being said, it’s very rare that Party Wall Notices are not accompanied by drawings.
Once a building owner has served the Party Wall Notice this will kick off the Party Wall procedures.
PARTY WALL NOTICE RESPONSES
When an adjoining owner receives a Party Wall Notice there are 3 distinct ways that they are able to respond to that.
RESPONSE OPTION 1
CONSENT
The first option that they will have available, is to consent to the Party Wall Notice.
In consenting to the Notice, this means there would be no need for a Party Wall Award to be in place.
Consenting to the Party Wall Notice would be seen as an adjoining owner giving the go-ahead to the building owner for the works to proceed without any of the Act’s further formalities being administered.
In short, the only time owners will have a Party Wall Award, is if there was a dissent to the Notice.
RESPONSE OPTION 2
DISSENT WITH AN APPOINTMENT OF AN AGREED SURVEYOR
The second Party Wall Notice response option would be for an adjoining owner to dissent and appoint an agreed Party Wall Surveyor.
This form of appointment means that there is one Party Wall Surveyor who will act on behalf of both owners.
The Agreed Surveyor’s input cumulates in the serving of the Party Wall Award.
RESPONSE OPTION 3
DISSENT WITH THE APPOINTMENT OF YOUR OWN SURVEYOR
The third Party Wall Notice response option would be for an adjoining owner to dissent and appoint their own Party Wall Surveyor.
If this outcome becomes applicable, each owner would have their own Party Wall Surveyor.
The two Surveyors will work together to uphold the Party Wall etc Act 1996 and to conduct Party Wall Surveying procedures, including the drafting and serving of the Party Wall Award.
WHAT IS A PARTY WALL AWARD?
The Award’s agreement will be the final piece of the puzzle when it comes to the Party Wall Surveying procedures.
The Award will outline the rights of the building owner stating what works they are able to conduct and what protections must be put into place for the adjoining owner’s property.
Importantly an Award will also mean that if a dispute arises during or post work, the matter will be governed by the Act as opposed to common law.
This means that both owners have a more straightforward and standardised route to resolution of that dispute.