Party Wall Surveyor
Qualified members of the Faculty of Party Wall Surveyors in Nottingham.
The Party Wall etc. Act 1996
We are Party Wall Surveyors in Nottingham and can advise you on all aspects of the Act.
Like complying with Planning and Building Regulations, building owners have a legal duty to comply with the requirements of the Party Wall Act for some types of work to particular structures and at certain locations as described in the Act.
This legislation is described as an enabling Act to allow works to go ahead and still protect the building owner and the neighbours. It provides a framework for preventing and resolving disputes.
What to expect from AIM Surveying
A friendly, professional, and personal service.
Our expertise can help building owners and adjoining neighbours to navigate through the nuances of the Act in a timely and cost effective way.
Initial free phone/video consultation
We provide a free of charge plans checking service to developers and building owners.
It is beneficial to get our early involvement to determine if any Party Wall notices must be served and who they must be served on. Our early advice will help to understand the costs and timescales and help avoid works stalling.
For neighbours (adjoining owners) our initial advice gives an understanding about costs, and your rights on how and when the work should be carried out safely and avoid damage to your property.
Consultancy
In the capacity of an 'agent', we can provide ongoing advice. This agent role is undertaken if there is no dispute between the building owners. Advice can also be provided in the unfortunate circumstance that your neighbour has failed to serve a Party Wall notice before starting works.
Party Wall Services
- Serving Party Wall notices
- Site visits
- Completing a Schedule of Condition
- Serving Party Wall Awards
Our Roles
- Building Owners Surveyor for the person carrying out the work
- Adjoining Owners Surveyor (neighbours)
- Agreed Surveyor acting for both of the above
- Third Surveyor where two Surveyors are appointed
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What is a Party Wall?
Party Walls are defined under the Act. The following list is a simplification, and our advice is to contact us for clarification.
Type A Party Walls (part of a building built astride a boundary).
Type B Party Walls (built wholly on the land of one owner but used by more than one owner to separate their buildings).
Party Fence Walls (not part of a building but built astride a boundary).
A Party Structure (a wall or other structure separating different buildings or parts of one building approached by different staircases, e.g. flats).
Party Wall Agreements
Although the phrase Party Wall Agreement is not mentioned within the Party Wall Act, it is not uncommon to hear this phrase used.
It is possible to make an agreement in writing with your neighbour. But in any event, a Building Owner must still serve notice. Anyone can serve a notice.
If the adjoining owner(s) agree in writing then works can proceed without any further action being required under the Party Wall Act.
Free Party Wall Template Letters
We can direct you to free templates for Party Wall Notices and Party Wall Acknowledgements. To complete them accurately you must name a Party Wall Surveyor who you would plan to appoint in the event of a dispute.
Do I need to Serve a Party Wall Notice?
The works which are notifiable are listed in the Act, nonetheless, this wording can still require some interpretation to determine if notice(s) must be served.
Line of Junction Notices
A notice is likely to be required if you are building a new structure astride or on a boundary (line of junction). Section 1 of the Party Wall Act details when notices are necessary.
Party Structure Notices
If you are undertaking works to an existing Party Wall, Party Fence Wall, or Party Structure, you may need to serve a notice. A list of these works is defined under Section 2 of the Party Wall Act.
Excavation Notices
A notice is likely required if you are planning to undertake excavations within 3m of and below the depth of your neighbours foundations. A notice may also be required if you are undertaking deep excavations or piling within 6m of your neighbours building.
Section 6 of the Party Wall Act includes complete details.
Please contact us for a free consultancy if in doubt.
Do I need a Party Wall Surveyor?
If the Adjoining Owner(s) do not respond or do not agree then a dispute has arisen. The parties must then appoint a Party Wall Surveyor(s). The Building Owner and the Adjoining Owner(s) cannot act as their own Party Wall Surveyor.
What does a Party Wall Surveyor do?
A Party Wall Surveyor is someone that acts to resolve a dispute in accordance with the procedures set out in the Act.
Although there are obviously some costs associated with doing so, we can serve notices on behalf of the Building Owner. This ensures that the notices are right first time, and this commonly pays for itself in avoiding delays.
What is an Agreed Surveyor?
This is where the parties to a dispute both agree to the appointment of a single Party Wall Surveyor.
Building Owners Surveyor and Adjoining Owners Surveyor
Where the Adjoining Owner does not agree to the appointment of a single Surveyor. Then another Surveyor must be Appointed.
What is a Schedule of Condition?
This is not a requirement under the Party Wall Act although it is considered to be best practice. The appointed Surveyor(s) will undertake a site survey and produce a photographic report on the condition of the Adjoining Buildings prior to the start of the work. This ensures that any damage genuinely caused by the works, and only that caused by the works, can be made good by the Building Owner. This protects the interests of all the parties and avoids disputes.
What is a Party Wall Award?
In a dispute situation the appointed Surveyors will prepare an Award and then serve it on the parties. Section 10 of the Party Wall Act provides details of what is to be determined in an Award. Importantly, this includes how and when the work is to be done and determines who is responsible to pay the costs associated with making the award.
Who Pays the Party Wall Surveyors?
The appointed Surveyors will determine who pays. In practice, all of the costs are normally paid by the Building Owner who is undertaking the works. An Adjoining Owner must be aware that in some circumstances, such as seeking disproportionate information for small scale works, or calling for multiple site meetings, then they may have to make some contribution to the feesT
