Appointing a 10(4) Party Wall Surveyor? [Section 10(4) of Party Wall etc. Act 1996 involved]
In this blog post I will be discussing what a 10(4) Surveyor appointment is and what scenarios the use of a 10(4) Surveyor appointment is used in.
In order to understand a 10(4) Party Wall Surveyor appointment, we must first have an understanding of what serving a ‘Party Wall Notice’ and a ‘10(4) Party Wall Notice’ under the Party Wall etc. Act 1996 are.
There are often scenarios where a homeowner (known as the building owner under the Party Wall etc. Act 1996) would like to carry out construction works within their home.
So before jumping on main point let’s understand Party Wall Notices and how they are served in a little more detail…
Party Wall Notices are served when the owner of a property decides to carry out works which are notifiable to adjoining owners (i.e their neighbors) under the Party Wall etc. Act 1996.
Let’s use an example…
Let’s imagine a rear extension is being constructed by your next door neighbor (the building owner) which usually means excavations will take place to lay the foundations for the flank walls. In this scenario, this type of work is notifiable under Section 6 of the Party Wall etc. Act 1996 which states:
“a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three meters measured horizontally from any part of a building or structure of an adjoining owner”
Now that Section 6 of the Party Wall etc. Act 1996 has been invoked and becomes applicable.. the building owner must now serve a valid Party Wall Notice upon the adjoining owners.
At Berry Lodge Surveyors, we have come across many invalid Party Wall Notices served upon adjoining owners. Hence, it is always recommended to contact a Party Wall Surveyor to consult the next steps in the Party Wall process.
What do Party Wall Notices look like?
Party Wall Notices will usually be served in a certain manner which ensures their validity and clarity. If you’re an adjoining owner who has been served with Party Wall Notices and need our help to discuss what to do next. Feel free to give our Surveyors a call in the first instance.
In my experience, a Party Wall Notice will be served in the following way:
- Cover Letter which explains the Party Wall Notice and options
- Party Wall Notice or Notices detailing exactly the Sections of the Party Wall etc. Act 1996 that will apply
- Acknowledgement form
- Architect’s or Engineer’s drawings
Why don’t you take a minute to look at your Party Wall Notices to see if they fit the above? If they don’t, give our Surveyors a call to discuss and we’ll happily explain.
Party Wall Notices and the 3 Response Options
So you’ve been served with a Party Wall Notice but what are your options to respond it?
Under the Party Wall etc. Act 1996, an adjoining owner served with a Party Wall Notice is given 3 options to choose how they wish to respond and have 14 days to do so.
Option 1: Consent to the works
You may consent to the works in which case the Party Wall procedures will cease at that point and the building owner (person undertaking the works) will be free to carry out their works.
You must be aware that consenting to the works will mean you will not be afforded the protection the Party Wall etc. Act 1996 provides.
Option 2: Dissent and appoint your own Surveyor
You may dissent to the Party Wall Notice and appoint your own Surveyor to act on your behalf, in this case then that Surveyor’s role is essentially to ensure your property is fully protected.
Under these circumstances your neighbor will also have to appoint their own Surveyor and then the two Surveyors would correspond with each other to agree a Party Wall Award.
I commonly come across the question as to who is going to be liable for the Party Wall Surveyor’s fees… Under the Party Wall etc 1996 Act, the building owner (i.e the person undertaking the works) will be responsible for all Surveyors fees incurred for time spent on Party Wall Matters.
Option 3: Dissent and appoint an Agreed Surveyor
You may dissent and appoint an agreed Surveyor. In this scenario, the agreed Surveyor will undertake the same procedures however they will be acting impartially on behalf of both parties. Whereas in Option 2 there will be 2 surveyors agreeing a Party Wall Award, in this case a single Surveyor will agree and Award.
In our experience.. this option tends to be the most effective due to the fact there is one surveyor acting impartially to protect the interests of both parties.
Party Wall Notices have strict timings that will be adhered to. The Party Wall Notice is served with the intention of receiving 1 of the 3 responses listed above. Once the Notice is served, the Adjoining Owner will be given a 14-day response period under the Party Wall etc. Act 1996 (there will also be an additional 2 days added for postage).
If at this point no response is received, then the Building Owner or the Party Wall Surveyor acting on their behalf is then in a position to serve a ‘10(4) Party Wall Notice’ under the Party Wall etc. Act 1996 which is an additional Notice allowing the adjoining owner a final and further 10 days to respond to the Party Wall Notice. Within the 10(4) Notice it will usually state the date the original Party Wall Notice was served and further describe the works that will be taking place in the Building Owner’s property.
You can read more about Party Wall Notices on our Party Wall Surveying Blog. Party Wall Notices can often be incorrectly filled out or served, leading to legal invalidity. Therefore making you know the facts pre-service is key.
If a 10(4) Party Wall Notice has been served and there still isn’t a response form the Adjoining Owner, the Building Owner or Party Wall Surveyor acting on their behalf can now legally proceed with the appointment of Surveyor under Section 10(4) of the Party Wall etc. Act 1996, which allows the Building Owner to appoint a Surveyor on behalf of the non-responsive Adjoining Owner(s).
The appointed 10(4) Party Wall Surveyor will act impartially and help agree the Party Wall Award on behalf of the non-responsive Adjoining Owner. The Surveyor will attempt to make contact with the non-responsive owner. If they do begin communication at this stage, then the procedure would follow a similar route if the non-responsive Adjoining Owner had chosen to dissent and appoint their own Party Wall Surveyor.
If however, the Adjoining Owner still fails to communicate with the appointed 10(4) Party Wall Surveyor , then the Building Owner’s Surveyor and the appointed 10(4) Party Wall Surveyor will work together to carry out an external Schedule of Condition Report, then proceeding to agree and serve a Party Wall Award which will then govern the works the building owner is proposing to carry out.
If you are planning on serving a Party Wall Notice, I would recommend having an experienced Party Wall Surveyor undertake the task for you. In my experience a Party Wall Notice is far better received when it is served by a Surveyor when compared to those served by Building Owners.
Okay so wrapping up…
However, that being said, if you would like to serve the Party Wall Notice yourself, we have a set of free Party Wall Notices that are east to fill out and obtain. All you need to do is follow our simple Party Wall Notice Creator and you will be able to produce a set of legally Valid Party Wall Notices for service upon your Adjoining Owner.
