Party Wall Matters, Building Owner And Adjoining Owner Party Wall Services
Party Wall Services provide expert party wall advice for all party wall matters. Our party wall surveyors have excellent and extensive experience and expertise in a diverse range of party wall issues which can arise. We are also able to help you in connection with a diverse range of projects, from domestic extensions, to large commercial developments.
- We can help you identify exactly which neighbouring properties fall within the scope of the Party Wall etc. Act.
- You can instruct us to serve party wall notices.
- We can prepare and agree a party wall award, (sometimes also referred to as a party wall agreement).
- We can produce a schedule of the condition of the neighbouring properties, to ensure that you are not held responsible for any pre-existing defects which can otherwise become expensive.
- We can advise you of your rights under the Party Wall etc Act.
- Ensure all controls are in place to minimise the risk of damage to your property.
- Monitor the building works and identify any damage to your property.
- Note, under the Act, the developer is required to pay our fees on your behalf.
If you have a requirement for Party Wall Act Advice, from our extensive experience we are able to offer the following services:
If you are the building owner and are carrying out building works
If you are an adjoining owner and your neighbour is carrying out building works
We undertake every project working hard to the highest standards and you can be rest assured of the best party wall advice from a UK firm of leading party wall surveyors. This is a specialist area of experience for Modric Surveyors.
Building Owner Information
Remember, the Party Wall Act is a facilitative law, intended to enable you to do the work you want, not to prevent it the works fro being undertaken.
Once we have reviewed your plans we would try to identify any possible problems. Once we have confirmed the fee to you and you have formally appointed us by letter, the process starts.
It is key that the Notices served to your neighbour are valid. Firstly land registry checks are made on the adjoining property to ensure that the correct owners names are obtained for the Notices. We recommend you speak to your neighbour early on to let them know that notices are being processed.
Once the Notices have been served, they should appoint their surveyor. In due course a record of the condition of their property is taken so that any damage caused can be easily identified.
A Party Wall Award document is then prepared, detailing the works, any precautions that must be taken and any other issues relating to the work.
The works proceed and the condition is then checked upon completion.
Providing all is well, the matter is signed off, if there is any damage, this is listed and neighbour has the choice of having the repairs carried out by your contractor or taking compensation in lieu.
You can send us drawings on our enquiry form and we'll email you back as soon as we can.
As a Building Owner, it may seem a rather expensive inconvenience to have to deal with Party Wall matters when you just want to get on with your project.
We try to keep things as straightforward and cost effective as possible for our clients.
Adjoining Owner Information
The Party Wall Act obliges property owners to serve formal Notice on their neighbours of building works that might affect the party structure between their properties.
If you haven't had a Notice and works have started, then knock on their door and ask what is happening, it may be that the building works don't require a Notice. If you are not certain, contact a surveyor to find our more.
Typically, you will have been sent a Notice which may underline either 'consent' or 'dissent' to the works. This sounds like you can prevent works going ahead - but it doesn't. If you 'consent' then the work will proceed without any checks under the Act.
We always recommend that adjoining owners dissent to the Notices as this will ensure you will have the protection of the Party Wall Act rather than relying on a personal claim if things go wrong.
When you dissent you need to appoint a surveyor to help you along the way in this process. This can be the same surveyor, since the surveyor has to be impartial under the Act, effectively working for the best interests of the wall - something that may not be easy if the surveyor is also the designer. Your neighbour is required to pay all of the surveyor's reasonable costs so it should cost you nothing.
After this, your property will be inspected by the surveyor(s) and its condition recorded. Then a Party Wall Award document is issued detailing the works and also any precautions that might need to be taken to protect your property.
The works then go ahead and your property is 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.
You can contact us easily using the form below and we'll get back to you as soon as we can
Preventing and resolving disputes in relation to party walls
The Party Wall Act The Party Wall etc Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
A building owner proposing to start work covered by the Act must give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes.
The Act is separate from obtaining planning permission or building regulations approval.
What is a party wall?
The main types of party walls are:
a wall that stands on the lands of 2 (or more) owners and forms part of a building - this wall can be part of one building only or separate buildings belonging to different owners
a wall that stands on the lands of 2 owners but does not form part of a building, such as a garden wall but not including timber fences
a wall that is on one owner's land but is used by 2 (or more) owners to separate their buildings
The Act also uses the expression 'party structure'. This could be a wall or floor partition or other structure separating buildings or parts of buildings in different ownership, such as in flats
This booklet offers up detailed guidance on the Party Wall etc. Act 1996. The in turn explains underlines how the Act may affect a building owner who wishes to carry out work covered by the Act or an adjoining building owner who receives notification under the Act of proposed work.
The guidance has since been further updated in May 2016 to take account of amendments to the Act to allow the electronic transmission of notices and other documents, required under the Act, where both the giver and receiver of the notices and documents agree.
No matter what type of survey you require, we are well equipped to service clients across Berkshire, Buckinghamshire & London with offices in Beaconsfield, Ealing, Knightsbridge, Ruislip, Westminister and Windsor.
Please contact us today for a quick quote or trusted advice
We cover 15 miles around the locations below so please contact the most local office