In this blog post, we will look at the party wall surveying procedure. Particularly, we’re going to take an examination of what are the Party Wall Notice Procedures, and what happens after an Party Wall Notice has been served.
According to the Party Wall etc Act 1996 the building owner who is the person who is responsible for the construction legally has to give the Party Wall Notice upon the adjacent owner, which is the owner of the property that is located near to or borders the construction.
The law stipulates how Party Wall Notices must be served on the affected parties. Party Wall Notice has to be handed out to them for a minimum of one and a maximum of two weeks (depending on the kind of work that are being carried out) before the construction work beginning.
The party wall procedures have been put established not just to ensure that the procedures of the Act are handled fairly, reasonably and properly, but they also exist in order to make sure that an adjacent owner receives the appropriate security that is what the Party Wall, etc Act 1996 deems reasonable above and beyond what is common law.
When an Party Wall Notice has been given to the owner of the adjoining property the owner is effectively provided with three responses to the Notice.
We’ll take a look at this Party Wall Notice response options in greater depth so that you will be able to better understand what they are.
Consenting to the Party Wall Notice
The consenting to an Party Wall Notice effectively means that the owner who is adjacent to the wall will be releasing or legally referring to the protections The Party Wall, etc Act 1996 gives them.
By granting consent to the Act, no formalities will be enforced. The owner of the building will be allowed to start the works without further delay or expense.
Based on our experiences with us at Aaapws, Party Wall Consents are rare nowadays due to the fact that the formal aspects as defined by the Party Wall, etc Act 1996 do not impose any cost on the owner of the adjoining property.
As was previously mentioned as previously stated, the Act is also a way to ensure that the owner of the adjoining property has protection that is over and above common law. Consequently, it is an extremely common and normal reaction for the adjoining owner to disobey.
Dissenting and naming them as their personal Party Wall Surveyor
If the owner who is adjacent decides to oppose the Party Wall Notice, and select their own surveyor for their party wall, they’ll be responsible for ensuring they follow the Party Wall, etc Act 1996’s regulations are complied with and adhered to.
It is important to remember that the term “Party Wall Notice dissent” Party Wall Notice dissent, is not an adjoining owner contesting or disadvantaging the notion of the building owner’s works, rather, they simply meet requirements of the lawful definition of discontent stipulated in the Party Wall, etc Act 1996.
They ensure that there are measures and measures put in place to lessen the danger and inconvenience that comes with plans to build on their property.
Dissenting to the Party Wall Notice and Appointing an Agreed Party Wall Surveyor
If the adjoining owner chooses to oppose the notice of the Party Wall and chooses to appoint an agreed surveyor, they are accepting the notion that only a single surveyor of the wall is impartial and impartial for both the owner of the building and adjacent owner.
In the light of The Party Wall etc Act 1996 Surveyors who perform this job can do it in a neutral manner and it isn’t an interest conflict with this kind of appointment.
This is often difficult for party wall proprietors to get their heads around, since it is true that parties wall procedures are legal with the majority of disputes being settled by barristers or solicitors who act in a separate manner on behalf of each of their clients.
Our view in the AAPWS is that, in contrast to an attorney’s, solicitor’s or barrister’s appointments, party wall surveyors have the responsibility to oversee this legislation. Party Wall, etc Act 1996.
This means that these owners must abide by the language of the Act which means that they are not able to, or at best cannot, do anything in the best interests of their owners who appointed them.
It is worth noting that in contrast to a solicitor’s barrister’s order the party wall surveyor and their appointing owner, do not share any kind of relationship with a client.
The best way can be described is that a surveyor for a party wall is a person who acts for the owner of the property adjoining it, rather than the owner who is adjacent to it.
It’s a bit of a difficult scenario to wrap your head about, but the idea is that party wall surveyors are impartial and free of any influence or bias from their respective owners who appointed them.
After the Party Wall Response has been received, it’s up to an individual surveyor of the wall or surveyors of the wall, manage the Party Wall, etc Act 1996 and its numerous procedures to protect the owner of the building and adjacent owners.
The job of the party wall surveyor and responsibility is to decide on the Party Wall Award. The Party Wall Award, also known by the name of an Party Wall Agreement, is the finality of the procedures outlined in the Act and grants the owner of the building the legal authority to begin their work without delay.
