What you need to know about Party Walls, Notices & Awards
Understanding Party Wall Agreements
The importance of surveyors and the pitfalls of skipping a condition report
In the realm of construction and property development, party wall agreements play a pivotal role in ensuring smooth interactions between neighbours and safeguarding the structural integrity of adjoining properties.
Whether you're planning to embark on a renovation project, construct a new building, or carry out alterations that could affect a shared wall or boundary, understanding party wall agreements is essential for a hassle-free experience.
In this comprehensive guide, we'll delve into the significance of party wall surveyors, why they're indispensable, and the potential pitfalls of neglecting condition reports.
Part 1: What are Party Wall Agreements?
Before delving into the intricacies of party wall surveyors and condition reports, let's establish a foundational understanding of what party wall agreements entail. In essence, a party wall agreement is a legal framework established to manage construction or renovation works that could potentially affect neighbouring properties.
Notification Process: The process typically begins with the serving of a party wall notice to the adjoining property owner(s), informing them of the proposed works and providing an opportunity to review and respond.
Consent or Dissent: Upon receiving the notice, neighbours have the option to consent to the proposed works, dissent (disagree), or request modifications to the plans.
Appointment of Surveyors: If an agreement cannot be reached informally, each party may appoint a party wall surveyor or agree to a single surveyor to mediate the process and draft a party wall agreement, known as a party wall award.
Scope of Works: The party wall agreement outlines the scope of the proposed works, safeguards to protect neighbouring properties, and procedures for resolving disputes.
Part 2:The Role of Party Wall Surveyors
Party wall surveyors serve as impartial mediators and experts in navigating the complexities of party wall matters. Here's why involving a party wall surveyor is crucial:
Expertise: Party wall surveyors possess specialised knowledge of the Party Wall Act 1996 and related regulations, ensuring that all parties adhere to legal requirements throughout the process.
Surveyors facilitate communication between property owners, helping to clarify concerns, negotiate agreements, and resolve disputes amicably.
Drafting Party Wall Awards: Surveyors draft comprehensive party wall awards that detail the agreed-upon works, protective measures, and responsibilities of each party, providing legal clarity and protection.
Minimisation of Risk:
By engaging a party wall surveyor, property owners minimise the risk of misunderstandings, conflicts, and potential legal repercussions associated with party wall matters.
Part 3: Pitfalls of Skipping Condition Reports
In the context of party wall agreements, condition reports play a vital role in documenting the existing state of properties before construction or renovation works commence. Here are the pitfalls of neglecting condition report.
Without a comprehensive condition report, property owners lack baseline information about the pre-existing condition of adjoining properties, making it challenging to distinguish between pre-existing and construction-related damage.
Dispute Resolution Challenges: In the absence of condition reports, resolving disputes regarding property damage becomes more complex, as there's no documented evidence to differentiate between pre-existing conditions and damage caused by the works.
Liability Concerns: Property owners may face heightened liability risks if disputes arise regarding property damage, as the absence of condition reports makes it difficult to ascertain the extent of their responsibility for any damages incurred.
Impact on Insurance Claims: Condition reports serve as valuable evidence for insurance claims in the event of property damage during construction or renovation works. Without these reports, property owners may encounter challenges in substantiating their claims and securing adequate compensation.
In conclusion, party wall agreements, party wall surveyors, and condition reports collectively form the cornerstone of responsible construction and renovation practices.
By adhering to the provisions of the Party Wall etc. Act 1996, engaging qualified surveyors, and prioritising the documentation of property conditions, property owners can mitigate risks, foster positive neighbourly relations, and ensure the successful execution of their building projects.
Whether embarking on a minor renovation or undertaking a large-scale construction endeavor, investing time and resources in understanding and complying with party wall requirements is indispensable for a seamless and legally sound construction process.
Following procedure is critical.
What will happen if a Party Wall Notice is not served?
By failing to serve a Party Wall Notice you will be breaching a ‘Statutory Duty’. When a neighbour claims that they have suffered damage due to your works they will provide evidence of this damage in its current state. Without a Schedule of Condition to compare conditions before and after it will be difficult (if not impossible) to identify what damage has been caused by the works. Your neighbour may, therefore, decide to make spurious claims for pre-existing defects.
As there has been a breach of statutory duty the court is likely to a dim view and apply the ‘Reverse Burdon of proof’. In practice, this means that the neighbour’s claim is assumed to be correct unless you can prove otherwise. You may, therefore, be ordered to pay for any number of repairs, which in reality may not your responsibility (plus solicitor’s and court costs). Subsequently, had notices been served it would be down to your neighbour to prove that said damages were as a result of the works, that said, it is always best to appoint a Surveyor to draw up an Award as they can then be called upon to resolve at a later date any disputes over damage that may occur.
What will happen if your neighbour ignores the Party Wall Notice?
Once a Party Wall Notice is served the Adjoining Owner has 14 days to respond to that Notice. If 14 days passes and there still isn’t a response from the Adjoining Owner, at that point a further Notice can be served which gives them a further and final 10 days to respond.
If the Adjoining Owner still hasn’t responded after the service of the Party Wall Notice and the service of notice under Section 10(4), at that point the Building Owner can then appoint a Surveyor on behalf of the non-responsive Adjoining Owner to allow the Party Wall matter to progress. Although, it is important to ensure all notices are correct and valid before the appointment of a Surveyor can be made under Section 10 (4).
The Party Wall etc. Act 1996 by its very nature is a facilitating Act; therefore by allowing an appointment to be made on behalf of the Adjoining Owner it ensures that the process moves forward in a sensible manner, while also ensuring the non-responsive Adjoining Owner’s legal rights are fully protected.
Even if you have appointed a Party Wall Surveyor for your neighbour that does not mean that access to take a schedule of condition is possible. In that case, you may find the Party Wall Surveyor has to make a “blind” party wall award because there is no easy access into your neighbour’s property to take the schedule or an external survey is taken.
What you must not do, is assume that because you haven’t heard from your neighbours you can ignore them and just crack on with your works.
Once Party Wall Notices have been served your rights under the 1996 Party Wall Etc Act are in place and the Act is in force. No Notice = No Act!
NOT A PARTY WALL
The history of party wall boundary disputes in the UK can be traced back to the Roman Empire and medieval times. The concept of shared walls, called "spolia", was common in Roman cities. The ancient Roman code, "Twelve Tables", enacted in 450 BC, included principles similar to modern party wall agreements. The carved Notice in this wall clearly dates back a long time and was intended to notify the adjoining owners that they did not have the right to build against or utilise the wall.
A Breif History.
1666 The Great Fire of London led to a redesign of construction to prevent the spread of fire between properties.
1894 The London Buildings Act was introduced, but it only applied to London.
1939The London Building Acts (Amendment) Act set out a procedure for resolving disputes in Inner London.
1996The Party Wall Act 1996 was introduced, extending the scope of previous acts to the rest of England and Wales. The Act includes provisions for serving notices, appointing surveyors, and resolving disputes.
The Party Wall Act covers a range of activities, including: Building on the boundary line.Excavations within 3 meters of a neighbor's building. Internal works that may affect the party wall. Extending the party wall for a dormer roof
Waiting for an Award.
Works at a standstill whilst waiting for an award to excavate below the neighbours exixsting foundation. Timing is critical, it can take several months to complete the Party Wall process.
The Party Wall etc. Act 1996 is an enabling Act. Its purpose is to allow your neighbours to carry out the proposed work without interference, while simultaneously protecting your property from potential damage. It is important to note that objections to the work should be raised during the planning stage with the local planning authority. Once planning permission is granted, the Party Wall Act cannot be used to stop the work based on general objections to the development.
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