Brian Gale Surveyors have been operating across Surrey, Sussex and the South East for more than 30 years. Our team of experienced Chartered Surveyors offers a large portfolio of property services to clients in Greater London and the Home Counties.
We have extensive experience of advising on all issues arising from the Party Wall Act 1996 and can prepare and serve Party Wall Notices and Party Wall Awards as necessary to protect the interests of the Building Owner and the Adjoining Owner.
WHEN DO YOU NEED A PARTY WALL SURVEYOR?
The Party Wall Act 1996 is an important piece of legislation that applies to proposed building works for residential and commercial property. There’s a useful government guide here that gives detailed information about the specifics of the law and how they might affect your building plans.
In essence, the Act requires the Building Owner to serve Notice on an Adjoining Owner if the proposed works fall within the scope of the legislation. This applies to construction and refurbishment works such as property extensions or new developments that have the potential to affect the structural integrity of the shared party wall, including works that
- cut into or build upon the party wall
- build or excavate near the party wall
A Party Wall Notice must be served on the Adjoining Building Owner, and consent must be obtained before any works can begin.
Early professional advice from experienced Party Wall Surveyors may be required by both the Building Owner and the Adjoining Owner(s) regarding any building works on or near the boundary, to ensure that the complex legal process is followed correctly.
HOW WE CAN HELP
As Party Wall Surveyor in Surrey, Sussex, London and beyond, Brian Gale Surveyors have many years’ experience of working with residential and commercial properties. If you are a Building Owner planning a construction project, or an Adjoining Owner who has been served Notice, we can offer expert advice to safeguard your interests.
Here is just one example of what can happen. One of our clients discovered that his neighbour had started to dig deep foundations for a home extension in very close proximity to the Adjoining Owner’s garage wall. Brian Gale Surveyors were instructed as Party Wall Surveyor to deal with an urgent situation. We pressed for a review in the structural engineer’s calculations and issued a Party Wall Award, potentially saving both neighbours large amounts in dispute and compensation payments.
SERVING NOTICE ON THE ADJOINING OWNER(S)
Wherever possible, your first step ought to be an informal chat with your neighbours. Let them know what you are planning to do, and discuss your construction plans in a friendly, neighbourly atmosphere. That way, any potential issues can be negotiated before a formal Notice is served, leaving your neighbours feeling included and increasing the likelihood of their giving consent.
You will have to share a detailed plan of your proposed works, including your project schedule and information on how it will affect the neighbouring property. The Notice under the provisions of the Act must contain your name and address as well as that of the building project. The Notice must be prepared in writing, and served either in person, by post or via email, at least two months before your proposed start date.
WHAT HAPPENS NEXT?
After Notice has been served on the Adjoining Owner, they have 14 days in which to respond with their written consent. If they would like there to be any changes to your plans, a counter-notice to request these alterations must be provided. If consent has not been given within the 14-day window, it is considered as a dispute.
If the Adjoining Owner is not happy with the proposed works, both parties are entitled to seek professional arbitration by instructing Party Wall Award Surveyors. They may use the same, or separate surveyors, whose job it then is to impartially negotiate terns between the parties and draw up a Party Wall Award.
WHAT IS A PARTY WALL AWARD?
A Party Wall Award sets out the building works that will be carried out under agreed terms. It will also include a Schedule of Condition which documents the current condition of the properties prior to the works, so that any damage can be properly identified and made good at the end of the project.
It should be pointed out that Adjoining Owners cannot prevent building works from taking place, e.g. by refusing access to contractors or surveyors. That said, the Building Owner must provide appropriate Notice to the Adjoining Owner or occupiers to inform them of the start of the works.
CONTACT US
If you think that your or your neighbour’s proposed building project may impact the shared boundary or wall, it is highly advisable to seek professional advice as early as possible. For further information about Party Wall Surveyor services in London, Surrey, Sussex or anywhere else in the Home Counties, please feel free to get in touch on 01737 245947 or contact us today.
For any enquiry regarding Party Wall Surveyors, please complete the forms on this page and we will be in touch as soon as possible.
