Party Wall Surveyors in North London
The Party Wall etc. Act 1996 was introduced to govern disputes between property owners that share a party wall. A party wall is a wall shared by two properties. Where a dispute has arisen a Party Wall Award is drawn up between the two parties.
Work which is typically covered by the Party Wall etc. Act 1996 includes:
- Extensions
- Damp proofing works
- Structural alterations
The Adjoining Owner
The first point at which you become aware of your neighbour’s plans may be when a formal written notice from their representative drops through your door. When you receive such a notice you should seek advice before signing a consent form and possibly waiving your legal rights.
The notice should offer you the opportunity to instruct a surveyor to record the condition of your property both before the work commences and again on completion. These records will be used if a defect comes to light which may be attributable to the party wall work. The building owner must pay the costs of your surveyor.
The Building Owner
If you are planning work which is likely to constitute a party wall matter you must make the adjoining owner aware of your plans. This should be in the form of a formal written notice and is generally served two months’ prior to commencement of the work or one month in the case of excavation works only.
The adjoining owner then has the right to appoint a surveyor of their choice to complete a schedule of condition on their property prior to the work commencing and again after the completion of the works. This is used to record any defects that may have occurred as a result of the works. The schedule will also protect you against bogus claims from your neighbour. You must bear the cost of both yours and your neighbour’s surveyor.
The document which is drawn up between the two parties is called a Party Wall Award and is a legally binding document. As well as the schedule of condition it will contain drawings of the planned works and guidelines on other matters such as permissible working hours protective measures required.
The two parties may agree to use a single independent surveyor.
If you would like to further information on any Party Wall matters do not hesitate to contact us on 020 8360 7615 or by e-mail.
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