Party Wall Agreement without Party Wall Notice!

The Party Wall etc. Act 1996 is supposed to provide a framework in order to prevent and to resolve any dispute that may result from any type of construction on or near the party wall or boundary wall between two neighbouring properties. This legislation is applicable to any type of excavation that may be carried out near these aforementioned structures. According to Party Wall etc. Act, the party wall surveyors are the specialists who are appointed to resolve any type of dispute between the owners of neighbouring properties.

The Role of Party Wall Surveyor

According to the Party Wall etc. Act 1996, a party wall surveyor may be any individual who is not an owner or neighbour involved in the construction work being carried out on or near a party wall or boundary wall. Hence, the owner of either of the neighbouring properties cannot act as party wall surveyor. It is important to remember the following points with respect to the duty or qualification of a party wall surveyor.

• A surveyor has no duty to the individuals who appointed him/her.
• A surveyor only has the duty to the Act.
• Under Section 10 of Party Wall etc. Act 1996, a person, who is being appointed as a ‘surveyor’ need not have any special qualification in order to act as a surveyor. However, it is prudent to appoint someone who is experienced in construction and has adequate knowledge regarding the procedures under the Party Wall etc. Act.

Overview of Party Wall Agreement and Party Wall Notice

An ‘agreed surveyor’ is a professional who has been appointed by the owners of both neighbouring properties. In this scenario, a party wall surveyor will prepare a party wall agreement or Party Wall Award with the consent of both parties in order to resolve a dispute. This Award is a legally binding document that is going to mention the following points.

• Structural information of the proposed construction work
• Protection measures (negotiated and agreed upon) to the neighbouring owner’s property
• When/how the construction work will be carried out
• Additional work that may be required
• Method statements and access statements that contractors need to follow
• Description of formal procedures in the event of any damage to the adjoining owner’s property
• Probable duration of construction work
• Complete set of drawings delineating the construction works
• Security for Expenses and Enclosure Cost Payment requirements
• Details of Third Surveyor (if appointed)

A Party Wall Agreement is served at the end of a party wall surveying process. It gives a property’s owner (who proposed the construction work) the permission to move forward with the construction work whilst adhering to the requirements specified in a Party Wall Award.

A party wall notice is served either before or after appointing a party wall surveyor. If the Party Wall Act applies to the construction work that is supposed to be carried out to a party wall or boundary wall, then the owner of one adjoining property has to serve this notice to the neighbouring property’s owner. This notice is supposed to be addressed to the legal owner of an adjoining property. There are three types of party wall notices to be served.

1. Party structure notice
2. Notice of adjacent excavation
3. Line of junction notice

After receiving the notice, the owner of a neighbouring property may consent or disagree to the proposed construction work in writing or may provide no answer. A recipient has to provide an answer within 14 days after receiving the notice. A surveyor is appointed if the owner of adjoining property disagrees to the proposed work or gives no answer to the notice.

Can a Party Wall Surveyor make a Party Wall Agreement without a Party Wall Notice?

In yesteryears, party wall surveyors were allowed to make a Party Wall Agreement if a Party Wall Notice had been served to a neighbouring property’s owner. However, this law has changed in the Party Wall etc. Act 1996. This modification enables a party wall surveyor to make a Party Wall Award even if the Party Wall notice has not been served to an adjoining owner before starting the proposed work of construction. However, this rule is applicable if the adjoining property is unlikely to be damaged due to the proposed construction work. This modification in law saves a property owner from incurring the cost of applying for an injunction.

Here at Berry Lodge, we are a team of qualified and experienced party wall surveyors. Why not take advantage of the 30 minutes free consultation and allow our trained team of professionals give you impartial party wall advice and head you in the right direction to keep the roof above your head.

Originally published at https://www.blsurveyors.com on October 28, 2020.