You have sent me a letter - how did you get my details?
We obtain details from the planning department of you local authority of any works proposed which are likely to affect neighbours under the Party Wall etc. Act 1996. Party wall issues are totally separate from the planning application process and consequently your local authority is under no obligation to provide you with any information regarding your rights under the Party Wall Act. We send letters to all planning applicants and their neighbours to ensure that they are informed of their rights, obligations, and options before works commence. We have strict procedures in place to ensure that your data is treated in accordance of the Data Protection Act; you should be aware that the data that we have collected about you is freely available in the public domain.
I am confused as to what an Award actually is and whether this is different from having a survey completed on my property.
A Party Wall Award is a legally binding document that allows the Building Owner to undertake works to the Party Wall lawfully, whilst safeguarding the rights of the Adjoining Owner. It governs how and when the works are to be undertaken, states the precise nature of the works in plain English, and sets in place procedures and obligations to protect both parties from potential damage or claims. As a part of the Award your surveyor will generally examine and comment upon the drawings for the works. In most cases the surveyor will also attach a 'schedule of condition' which is a written report of his survey of the relevant parts of the adjoining owner's building. The schedule of condition allows the surveyor to return to the adjoining property after completion of the works to verify and record any damage. Although the surveyor will try to keep the Award as simple as possible, it is a formal legal document and accordingly if you have difficulty understanding it then one of our specialist advisors will be happy to go through the final Award with you to explain what it means.
My neighbour has given me written assurance that their contractors are fully insured and will repair any damage to my property immediately. Surely this means that I am protected anyway?
This assurance is certainly a start, however even if the contractors are reputable, it is very easy for them to dispute whether they have caused certain types of damage, such as cracks to your walls or ceilings. Even if you take photographs of your property yourself, this is unlikely to provide sufficient neutral evidence in the event of a claim being made. Furthermore, insurance claims often take many months to settle and this may result in you having to either make a significant initial outlay to repair your home or leaving your property damaged for some time.
My neighbour has told me that if I appoint a surveyor then I will put them to a lot of additional expense and this may sour our relationship - surely it is not worth getting a surveyor in these circumstances?
It is true that the Building Owner will normally have to pay your surveyors fees; however this expense must be seen in context of the cost of the entire building project. One would hope that the Building Owner has gone to additional expense to have an engineer check his drawings and a surveyor inspect his property in order to secure his own interests: these costs are as much a part of having building work completed as architectural or planning fees. The surveyor's fees are normally minimal in comparison with the budget of the overall project - the benefits that an Award can have for both parties often far outweigh the cost. An Award easily allows claims for damages to be verified and dealt with quickly. It also ensures both parties have a written record of their legal position and the Award can therefore often prevent future neighbourly disputes. In some cases the only way to resolve a disputed claim for damages without an Award is through the courts, which usually puts a total end to amicable neighbourly relations.
The Local Authority Building Inspector will be checking the works during their progress - will he be doing the same job as a Party Wall Surveyor?
Absolutely not. The Building Inspector is being paid to check on the safety and conformity of the Building Owner's works from their side of the boundary. He will not normally enter your property at any stage and will not be able to assist you with any damage claim. The reason this is the case is because you are given an opportunity to appoint your own Party Wall Surveyor and you are not therefore the Local Authority's concern.
My neighbour has started works subject to the Party Wall etc. Act 1996 already or has told me that he is going to start such works shortly. I have not had a written notice yet - what should I do next?
Even if you do not intend on appointing a surveyor, it is absolutely vital that you get a notice from your neighbour. Without a valid notice the works may take place contrary to the legal provisions of the Party Wall Act. If you have serious concerns that work may be starting without notice being served, and you are sure that works will fall under the Party Wall etc. Act 1996, we may be able to assist you in seeking an order from the court which will stop such works until a notice is served and you are given the opportunity to appoint a surveyor. Conversely our involvement may encourage your neighbour to serve the necessary Notice and could help safeguard your position. Please call for further advice.
I have a notice under the Party Wall etc. Act 1996 - is it valid and what do I do next?
We are always happy to offer our opinion on the validity of notices at no charge - please either fax or post the notice to our office for advice. If you decide that you would like an Award drawn up and for one of our surveyors to act on your behalf please call the office for more advice and one of our surveyors will then deal with it on your behalf.
I have received a letter from my Local Authority - is this anything to do with Party Wall Act?
No. Your Local Authority will not become involved in party wall matters under any circumstances, nor will they serve notices on behalf of your neighbours.
How long does it take it publish an Award?
Our surveyors can normally offer two types of service. Please note that if the surveyor is acting on behalf of only one of the parties, he can only offer a standard service. In most cases where two surveyors are used the Award will be produced within three to four weeks of the surveyors being appointed. If one of our surveyors is acting as the agreed surveyor, our standard service time is usually ten to fourteen days. Our surveyors can sometimes offer an express service (an extra charge is applicable) where, if the surveyor is promptly provided with all relevant documentation, the award will be sent by recorded courier within seventy-two hours of the survey of the adjoining owner's property being completed. This ensures there are minimal delays to the building program.