When is a Party Wall Surveyor required?

Many people ask the question of when a Party Wall Surveyor is needed, in this article we will break it down in simple terms for a better understanding.

Firstly, before diving into when a Party Wall Surveyor is needed; we must first ask ourselves what the ‘Party Wall Act Etc. 1996’ legislation is.

The legislation came into effect on the 1st of July, 1997 in order to address common issues that arise during construction projects affecting shared boundaries and structures.

The act has three primary objectives:

· The first is to prevent disputes: establishing clear procedures for notifying and negotiating with adjoining owners to prevent conflicts.

· To resolving disputes: Providing a legal framework for resolving disputes that may arise during the construction process.

· Protecting Property: Ensuring that the structural integrity and stability of adjoining properties are maintained during construction work.

These three objectives that can be taken from the legislation, provide us with a direct understanding of the role of a ‘Party Wall Surveyor’ and when they might be needed.

The need for a Party Wall agreement comes into play when a proposed construction falls under ‘notifiable works. Notifiable works under the Party Wall etc. Act 1996 includes constructing new walls on boundaries, carrying out work on existing party walls, and conducting excavations near neighbouring properties. These requirements, specified in Sections 1, 2, and 6 of the Act, mandate serving notice to adjoining owners within stipulated time frames to ensure compliance and prevent disputes.

Many individuals choose to draft the initial notices themselves to their ‘Adjoining Owners’ when planning on conducting ‘notifiable works’ which fall under the Party Wall Act.

However, if the adjoining owners choose to ‘dissent’ from the proposed works, there will then be a requirement to appoint a Party Wall Surveyor to get the right documents in place, to safeguard both you and your neighbours’ interests.

To conclude, engaging a party wall surveyor from the outset of a construction project is highly advisable. A surveyor's expertise ensures compliance with the Party Wall etc. Act 1996, facilitating the accurate preparation and serving of notices to adjoining owners. Early involvement helps assess and mitigate risks to neighbouring structures, protecting both parties' interests and fostering a cooperative atmosphere.

Moreover, a surveyor's presence streamlines dispute resolution, should conflicts arise, avoiding costly delays and legal issues. Ultimately, their involvement underscores diligent project management, legal adherence, and harmonious neighbourly relations, ensuring the smooth progression of construction works.