Welcome to Graham Kinnear Property Consultants, our party wall surveyor company and your go-to source for professional and reliable party wall surveying services. Our team is dedicated to providing high-quality party wall advice and guidance.
We are proud to have a team of experienced surveyors covering all of England and Wales. With nine regional hubs strategically located throughout the country, we are able to provide efficient, fixed-fee and cost-effective party wall services to you wherever your property is based. Our surveyors are highly trained and knowledgeable in all aspects of party wall matters, and are committed to providing exceptional customer service to ensure that your project runs smoothly. Whether you are based in a city or a rural area, we will have a surveyor who understands the unique challenges of your location and can provide tailored advice and solutions to meet your needs.
Whether you are a building owner or an adjoining owner, we have the expertise to assist you with all aspects of party wall matters, from preparing and serving notices to resolving disputes and issuing awards. We specialise in all types of party wall matters, including works requiring party structure notices, section 1 notices, and section 6 notices.
At Graham Kinnear Property Consultants, we understand that party wall matters can be complex and stressful. That’s why we are committed to providing a comprehensive and transparent service. We will guide you through every step of the process, ensuring that you fully understand your rights and obligations under the Party Wall etc Act 1996.
If you require our services, either because you are planning some construction works or alternatively as your neighbour is planning such works, contact us today for a free, no obligation consultation. We will work with you to provide the best possible solution for your specific needs and ensure that your party wall matters are handled with the utmost care and attention.
What are Party Walls?
Party walls are an essential component of the construction and renovation process for many properties in England and Wales. The term “party wall” refers to a shared wall or boundary that separates two or more properties, and it can be a source of dispute if not handled properly.
In the UK, the Party Wall Act of 1996, which came into force on 1 July 1997 applies throughout England and Wales. It does not apply in Scotland or Northern Ireland. The Act outlines the legal requirements for party wall agreements and dispute resolution. This law sets out the obligations of property owners who are undertaking construction work that affects a shared wall, involves the construction of a new wall on the boundary line or involves the excavation of ground within set distances from a neighbouring structure.
As a result, property owners and builders should seek the services of a party wall surveyor to ensure compliance with the law and avoid potential disputes. In addition, recipients of Party Wall Notices should seek the services of a party wall surveyor to understand their options in responding to a party wall notice. We can also help to mediate disagreements that arise during the construction process and protect the interests of all parties involved.
What sort of works invoke the Party Wall Act?
Under the Party Wall etc. Act 1996, a party wall notice is required for certain types of construction works that may affect a shared wall, party fence wall, new wall or excavations near adjacent properties. The following are examples of works that typically require a party wall notice:
- Building a new wall at the boundary between two properties
- Cutting into or altering an existing party wall
- Excavating near an adjacent property’s foundations
- Underpinning a party wall or party fence wall
- Demolishing and rebuilding a party wall or party fence wall
- Constructing a new foundation within 3 meters of an adjacent property’s foundations
- Any work that requires drilling into or fixing to a party wall
- The insertion of steel beams as part of a loft conversion or the construction of a dormer
- Weathering a new wall into a neighbours existing wall
- Raising a party wall
It is important to note that not all types of construction works require a notice. For example, routine maintenance and repair work that does not affect the structural integrity of a party wall or fence wall may not require notice. However, if you are unsure whether your proposed works require a notice, it is always best to seek advice from a qualified party wall surveyor to ensure that you comply with the Party Wall etc Act 1996.
How does the process work?
If you are planning to undertake construction work that affects a shared wall or boundary in the United Kingdom, it is essential to prepare and serve a party wall notice. A notice is a legal requirement under the Party Wall Act of 1996 and serves to inform your neighbours of the proposed work and seek their consent.
To prepare a notice, you, or your appointed Surveyor, will need to identify the affected parties and the nature of the work planned.
The notice should include drawings illustrating the proposals so that the recipient can fully understand what is proposed and therefore make an informed decision in terms of how to respond to the notice.
Once the notice has been prepared, it must be served to all affected parties, including adjoining property owners and leaseholders.
This can be done in person, by post, or by email, and it is important to ensure that the notice is delivered in a timely and appropriate manner.
What are the three types of Party Wall Notice?
- Party Structure Notice – This type of notice is used when a building owner intends to undertake work on an existing party wall, such as making alterations, cutting into it or removing it. The notice must be served at least two months before the proposed start date of the work.
- Section 1 Notice – This type of notice is used when a building owner intends to build a new wall at the boundary line between two properties. The notice must be served at least one month before the proposed start date of the work.
- Section 6 Notice – This type of notice is used when a building owner intends to excavate near an adjacent property’s foundations, which may affect the stability of the party wall. The notice must be served at least one month before the proposed start date of the work.
It is important to note that the notices must be served in accordance with the requirements of the Party Wall etc. Act 1996, and failure to do so may result in legal disputes and potential financial penalties.
If the notices are consented to then that will be a conclusion to the party wall obligations. If the notice is dissented to or ignored then that will trigger the requirement for the appointment of Surveyors and the production and service of an Award.
What is a Party Wall Award?
A party wall award, also known as a party wall agreement or award of the surveyors, is a legally binding document that sets out the rights and obligations of building owners and adjoining owners under the Party Wall Act 1996. The award is issued by the appointed surveyors or a third surveyor, in the event of a dispute, and outlines the details of the proposed works and any measures that need to be taken to prevent damage to the adjoining owner’s property. Note that a Party Wall Award will not be required in the event that the Adjoining Owner consents to the proposed works detailed in the Notice(s).
The award includes details such as:
- The nature and scope of the proposed works, including any excavation, underpinning or alterations to the party wall.
- The time frame for the works to be carried out and any restrictions or requirements for access to the adjoining owner’s property.
- The measures that need to be taken to protect the adjoining owner’s property, such as the installation of shoring, monitoring devices or other protective measures.
- The provisions for resolving any disputes that may arise during the works, including the appointment of a third surveyor if necessary.
- The provisions for compensation in the event of damage to the adjoining owner’s property.
The party wall award is a legally binding document and sets out the framework for the construction works to take place safely and with minimal disruption to the adjoining owner. It is important to follow the terms of the award to avoid disputes and legal action. The surveyors can help guide the building owner through the process and ensure that the works are carried out safely and responsibly while protecting the interests of both parties involved in the construction project.
Does the Award include a condition survey?
A schedule of condition is not mandatory under the Party Wall etc. Act 1996, but it is strongly recommended.
A schedule of condition is a record of the condition of the adjoining owner’s property before the works begin. It is used as evidence in case any damage occurs during the works. By having a schedule of condition, the parties can establish the original condition of the adjoining owner’s property and assess any damage caused by the works.
While not mandatory, it is in the best interest of both the building owner and adjoining owner to have a schedule of condition. It can help to prevent disputes between the parties and provide clear evidence if any damage occurs.
Therefore, it is recommended to have a schedule of condition prepared before any work begins, even if the party wall notice is being consented to, and party wall surveyors can assist with this process.
What happens once an Award is served?
Once a party wall award is served, both the building owner and the adjoining owner must adhere to the terms of the agreement. The award will outline the details of the proposed works, the measures to be taken to protect the adjoining property and any compensation that may be due to the adjoining owner.
The building owner must ensure that the works are carried out in accordance with the terms of the party wall award. This may include hiring contractors and ensuring that they are aware of the requirements of the award.
The adjoining owner must allow the works to proceed as outlined in the award and must not unreasonably withhold consent for any measures required to protect their property. They may also be entitled to compensation for any loss or damage caused by the works.
If a dispute arises between the building owner and the adjoining owner during the works, the surveyors may be called upon to resolve the dispute in accordance with the terms of the award.
Once the works are completed, the surveyors will, if requested, carry out a final inspection to ensure that the works have been completed to a satisfactory standard and that any damage caused by the works has been remedied.
Overall, the party wall award provides a framework for the works to proceed in a structured and controlled manner, with the interests of both building owner and adjoining owner protected.
Who can be a Party Wall Surveyor?
Under the Party Wall Act of 1996, anyone who is not a party to the matter can act as a party wall surveyor. We strongly suggest that only suitably qualified and experienced Surveyors are appointed. However, it is also important to ensure that the surveyor you appoint is impartial, has no conflicts of interest, and is knowledgeable about party wall matters. Here at Graham Kinnear Property Consultants we are qualified and accredited with the Faculty of Party Wall Surveyors, The Pyramus & Thisbe Society, the Chartered Institute of Building, the Chartered Association of Building Engineers and the Royal Institution of Chartered Surveyors. We also hold appropriate insurance for our work and undergo a rigorous continued professional development programme ensuring our knowledge is up to date.
What if works are undertaken without complying with the Party Wall etc Act?
If you start construction works without complying with the Party Wall Act of 1996, you could be breaking the law and may face legal action from your neighbours or the local authority. Failing to comply with the act can result in financial penalties and delays in your construction project. Additionally, your neighbours may seek an injunction to stop the work until the proper procedures have been followed.
It is important to follow the correct procedures outlined in the Party Wall Act and serve a notice to your neighbors before commencing any construction work that may affect a shared wall or boundary. This will help to ensure that the work is carried out safely and without causing damage to your neighbor’s property. It will also help to avoid potential disputes and ensure that your construction project is completed within the legal framework.
If you have already started construction work without following the party wall procedures, it is recommended to seek professional advice from a surveyor and take steps to comply with the Party Wall Act as soon as possible.
Ready to appoint us or still have more questions?
Please give us a call at our central administration office on 01843 583000 or email cheryl@grahamkinnear.com and she can allocate you to the Surveyor who can handle your matter. We look forward to working with you.