We are going to be looking at the Party Wall etc. Act 1996 with a particular focus on Agreed Surveyors.
If a building owner is planning to undertake construction works that fall within the remit of the Party Wall Act, then they are required to serve Party Wall Notice on all relevant adjoining owners.
WHAT WORKS FALL WITHIN THE REMIT OF THE PARTY WALL ACT?
The Act has three distinct scenarios or sections that require the building owner to serve a Party Wall Notice upon an adjoining owner.
Section 1 – If a building owner is proposing to build a new wall up to or astride the boundary line then this will fall within Section 1 of the Act.
Section 2 – If a building owner is planning to carry out works directly to a party wall, a party fence wall (a garden wall) or a party structure (ceiling or floor separating flats) then this will fall within Section of the Act. Typically, works of this nature are loft conversions, internal alterations or chimney breast removals.
Section 6 – If a building owner is planning to undertake excavations within 3 metres of an adjoining property or structure (garages, outbuildings etc), then this will fall within Section 6 of the Act. For particularly deep foundations this can extend up to 6 metres.
WHAT HAPPENS AFTER A NOTICE IS SERVED?
Once a building owner serves a Party Wall Notice upon an adjoining owner, the adjoining owner can respond with one of the three options available to them, these are as follows:
Consent – This will allow the building owner to proceed with their proposed works and will close the Party Wall Procedures.
Dissent & Appoint Independent Party Wall Surveyor – If an adjoining owner responds in this way, the building owner will then have to appoint their own Party Wall Surveyor.
The two surveyors will then visit the adjoining property to carry out a Schedule of Condition and then create the Party Wall Award.
Dissent & appoint an ‘Agreed Surveyor’ – This option would see one Party Wall Surveyor appointed to act on behalf of both the adjoining owner & the building owner.
The one surveyor would act impartially, carry out the Schedule of Condition & create the Party Wall Award.
WHAT’S THE BEST CASE SCENARIO?
The ideal response for a building owner is a Party Wall Notice consent as this will end the Party Wall Procedures which means that they do not have to pay for Party Wall Surveyor fees.
However, receiving a consent is incredibly rare so it is always advisable that a building owner budgets for Party Wall Surveying costs.
If an adjoining owner decides to dissent to the works, it is beneficial for the building owner if an Agreed Surveyor is appointed.
Not only will there be a cost saving as the building owner will only be liable for one Surveyors fee, but there will also be considerable time savings as there will be no communication between two surveyors.
WHAT’S THE WORST CASE SCENARIO?
The worst-case scenario for a building owner is if an adjoining owner appoints their own Party Wall Surveyor.
The building owner carrying out the works will be liable for the adjoining owners Surveyors fees as well as the fees for the Surveyor which they appoint.
WHAT DOES IT COST?
Typically, the fees for an Agreed Surveyor range from £600.00 up to £1,500.00 (at the time of writing this article), the fees towards the upper end are usually for a surveyor who is member of the Royal Institution of Chartered Surveyors (RICS) or other governing bodies.
Typically, the fees for a Party Wall Surveyor who acts solely on behalf of one of the owners equally range from £700.00 up to £2,000.00 (at the time of writing this article). However, this would mean that the building owner has to cover both their own surveyor’s fees and those of the adjoining owner. So it’s twice the fees.
It is very advisable that the party wall surveyor is chosen on factors other than the cheapest available, as we have seen numerous cases where problems arise due to inexperienced & incompetent surveyors being appointed.
This results in higher costs in the long term as other professionals need to be brought in to rectify the problems, not to mention delay to the agreement of a Party Wall Award.