Introduction to our professional party wall surveyor services under the Party Wall etc. Act 1996
The Party Wall etc. Act 1996 can be a complicated piece of legislation that provides a mechanism for resolving disputes between neighbouring owners in relation to specific building works undertaken on or close to a property boundary.
Quatrefoils are party wall surveyors in London and experts in the complex field of party wall matters and we play a vital role in facilitating smooth and amicable resolutions between neighbours under the framework of the Party Wall etc. Act 1996. With a keen eye for detail and a deep understanding of the legal requirements, we navigate the intricacies of party wall disputes with confidence and finesse. Let us guide you through this process, ensuring that your rights and best interests are protected.
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If carrying out building work that falls within the remit of the Party Wall etc. Act 1996, a building owner will have a legal obligation to serve the relevant party wall notice/s on any adjoining / neighbouring owner that has the legal right to be informed under the Act. As experienced Party Wall surveyors in London, we assist building owners in undertaking a free no obligation assessment of their planned building works, and advise them of which neighbouring owners are likely to be affected under the Act and will require formal notice.
Once notice has been served, the adjoining/neighbouring owner/s have the right to ‘dissent’ to the works and appoint a surveyor, at which point a formal dispute would arise under the Party Wall etc. Act. It is at this stage that the building owner is also required to appoint a surveyor (this can be the same surveyor that the neighbouring owner has appointed and they can act as the ‘joint’ or ‘agreed’ surveyor).
It is important to understand the difference between party wall professional ‘agency’ or ‘consultancy’ services, with the legal statutory appointment of a party wall surveyor under the Party Wall etc. Act once a dispute has arisen. Often surveyors will require separate letters of appointment for each of these roles which should be undertaken independently. Take a look through some of our informative videos which cover this.
Here are some of the key benefits to having a surveyor or surveyors involved in resolving your disputes and ensuring that the proper protocols and procedures are followed and that both parties and their properties are safeguarded.
Timeline of Typical Party Wall Process
Party wall survey process
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Common types of works done by building owners that fall under the Party Wall etc. Act 1996
Under the Act, there are three types of notifiable works:
Section 1 works: building on the line of junction.
Section 2 works: works to a party wall, party structure, party fence wall or boundary wall (this can include separating floors or separating structures with two or more different owners).
Section 6 works: adjacent excavation within three or six meters of a neighbouring property, depending on the depth of excavation.
It is the responsibility of the building owner to serve notice on their adjoining owner(s) for any notifiable works and to appoint a party wall surveyor in London, or other locations, to represent their interests where desired or required.
Contact us today to learn more about how our party wall services can help protect your interests and ensure compliance with the Party Wall etc. Act 1996.
Overview of the role of an appointed Party Wall Surveyor
As party wall surveyors, we offer a comprehensive range of services to building owners and adjoining owners to help them navigate the requirements of the Party Wall etc. Act 1996. Our service will be tailored to suit the capacity to which we have been appointed (e.g. by the building owner vs adjoining owner), whilst ensuring that our approach is also proportionate to the scope and extent of works involved. Some key aspects of our service include; –
For Building Owners:
- Advising on the requirements of the Party Wall etc. Act 1996 and serving the necessary notices on adjoining owners.
- Preparing and agreeing party wall awards with adjoining owners, outlining the rights and responsibilities of each party.
- Inspecting neighbouring properties and preparing schedules of condition to record the existing state of the properties prior to works commencing.
- Providing guidance on the methods of works to minimise disturbance to adjoining properties.
- Resolving any disputes that arise between the building owner and adjoining owner throughout the process.
For Adjoining Owners:
- Reviewing the notices served by the building owner and advising on their legal obligations and options.
- Acting as appointed party wall surveyor to represent their interests and protect their property rights.
- Agreeing party wall awards with the building owner’s surveyor to ensure their property is protected from potential damage and disturbance.
- Inspecting their own property and preparing schedules of condition to record the existing state of the property prior to works commencing.
- Resolving any disputes that arise between the adjoining owner and building owner throughout the process.