A qualified party wall surveyor is primarily responsible for drafting and arranging a Party Wall Award, which serves as the legal document for a party wall agreement.
A Party Wall Award is a crucial legal document that sets out the framework for building work that affects a party wall or structure, ensuring the rights and responsibilities of both the building owner (the one doing the work) and the adjoining owner (the neighbour) are protected.
The Role of a Party Wall Surveyor
As per the Party Wall etc. Act 1996, if neighbours cannot agree on proposed works affecting a party wall, structures, or excavations near boundaries, a formal process involving a surveyor or surveyors is required.
- Appointment: Both the building owner and the adjoining owner can agree to appoint a single, 'agreed surveyor' to act impartially for both parties. Alternatively, each owner can appoint their own independent surveyor.
- Drafting the Award: Regardless of whether one or two surveyors are appointed, the surveyor(s) will arrange the Party Wall Award. This document legally sets out the details of the work, including:
- What work can be carried out.
- How the work will be performed.
- When the work will take place.
- Who will pay for it, including any surveyor's fees and potential damages.
Why is a Surveyor Needed for a Party Wall Agreement?
The Party Wall Award, effectively the party wall agreement, is a legally binding document. Its creation requires an understanding of building construction, property law, and the specific provisions of the Party Wall Act.
- Legal Compliance: Surveyors ensure the agreement complies with the statutory requirements, preventing future disputes and legal challenges.
- Technical Expertise: They assess the proposed works' impact, recommend protective measures, and ensure the safety and structural integrity of both properties.
- Impartiality (if agreed surveyor): An agreed surveyor acts for both parties, aiming to resolve issues fairly and efficiently. When two surveyors are involved, they work to agree on the terms or appoint a third surveyor to resolve disagreements.
Key Components of a Party Wall Award
A well-drafted Party Wall Award typically includes:
| Component | Description |
|---|---|
| Details of Proposed Work | A precise description of the building works, including plans, sections, and specifications. |
| Method Statement | How the work will be carried out, including hours of work, access arrangements, and measures to protect the adjoining owner's property. |
| Schedule of Condition | A photographic and written record of the condition of the adjoining property before work commences. This helps to determine if any damage is caused during the works. |
| Security for Expenses | A sum of money held by the building owner to cover potential damage to the adjoining property, if required by the surveyor. |
| Costs and Fees | Specifies who is responsible for the surveyor's fees (usually the building owner) and any other associated costs. |
| Dispute Resolution | Outlines procedures for resolving any issues or damages that arise during or after the works, often referring back to the surveyor(s) or a third surveyor. |
Practical Insights
- Early Engagement: It is highly advisable to engage a party wall surveyor as soon as possible after serving a party wall notice if your neighbour dissents or does not respond within the statutory timeframe.
- Cost Efficiency: While there are fees associated with surveyors, these are often a small price to pay compared to potential legal costs and disputes arising from poorly managed party wall works.
- Clarity is Key: The more detailed and clear the Party Wall Award, the less room there is for misinterpretation or disagreement later on.
For specific guidance, always consult with a qualified party wall surveyor or legal professional specialising in property law.
