Party wall matters
As a multidisciplinary practice, we pride ourselves on enabling the creation of bespoke spaces for individual clients and developers around the world. However, this is not done solely through architectural design, but also by supporting our clients to navigate challenges when their project meets the boundaries of neighbouring properties. In the past 3 years, our Building Surveyors have been involved in over £50 Million Pounds worth of construction projects. We've been busy!
In England and Wales, you have a legal requirement to tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’. Party walls stand on the land of two or more owners and either form part of a building or is a garden wall (not wooden fences). Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.
The Party Wall Agreement process is a legal procedure that needs to be invoked before a building owner (the person undertaking the construction works to their property) commences their proposed work, ensuring that both the building owner and the adjoining owner are legally protected before, during and after the building works take place.
Many people believe that Party Wall matters are unnecessary and tedious, and they’re probably right regarding the tedious side, as there are many surveyors out there that unfortunately sometimes over-exaggerate their fees and the process. The reality is that surveyors should only get involved if there is a dispute (under the act) between the neighbouring properties, and it is within this context that surveyors work to put an award in place.
There are usually two surveyors who act on behalf of the building owner and the adjoining owner. It's our roles as surveyors to agree on an award and actually act impartially concerning matters. We aim to work swiftly, particularly if it's straightforward domestic works such as an extension or a loft conversion, understanding how speed and clarity are important for our clients.
It’s also useful to be aware that the act itself assists during conveyancing, whether refinancing or selling. Questions are often raised and sometimes there is a need for party wall documentation to help expedite the process.
We have been involved in several awards ranging from simple domestic scheme to complex basements of approximately 30 meters in length and 3 meters excavation below the level of the adjacent owner’s foundations. As with our architectural work, we enjoy navigating complex briefs to deliver great outcomes for our clients.
One that springs to mind was a West London basement in which the Building Contractor actually went bust and the underpins remained exposed for a week or so. Luckily, we and the neighbouring properties surveyor had held sums on account in case matters such as were to arise, allowing the monies to be dispersed appropriately to conclude the excavation works in a timely manner. Success.
Another interesting scenario involved the damage at the property of a prominent Duke with a sizeable portfolio caused by a leak from an existing lead pipe buried within the party wall. The builders managed to successfully locate the leak, but this resulted to some cosmetic damaged to the adjoining owner’s property. The contracts in place were very diligent in this case, however, and the repair works were carried out exactly in line the repairs schedule that was formulated.
We use these examples to highlight how much stress and ambiguity can be removed by having an award in place. If you need assistance, please do not hesitate to contact us, we would be happy to help.