party wall

We act for owners on either side of a party wall where works are proposed, and have long experience of acting for both building owners and adjoining owners throughout Central London. 

The building owner and the adjoining owner are both protected under the Party Wall etc Act 1996.  The owner has rights to carry out works to the wall, including adding to it or removing chimney breasts, hanging beams on it, etc.  The procedures under the Act grant him or her the power to do the work but clearly control the method and timing of the work progress.  The building owner needs to be assured that the proposed works can be carried out to the party wall without unnecessary interference by the adjoining owner or any other kind of disturbance or delay to the running of the project.

On the other hand, the adjoining owner needs to be reassured that the work will be carried out to the appropriate standard and that any damage will be made good promptly and efficiently to the approval of his/her own surveyor.  Notices must be served and responded to, and it is the job of the party wall surveyors on each side to agree exactly how the work will be done.  Usually, both sides' fees are paid by the building owner since it is he or she who is carrying out the works.

The adjoining owner normally suffers some inconvenience from dust, noise, vibration, and sometimes obstruction of pavement, during the stage of heavy works, but all damage to his or her property must be put right at the expense of the building owner.

But in all these situations the party wall surveyors can be expected to work together to safeguard the present and future life of the party wall after it has been altered, extended, rebuilt, or otherwise changed.

Where long leases have been granted by the freeholder, the large estates often do not get involved with party wall matters as these are usually left to the lessee. The appointed surveyors are primarily responsible for the well-being of the building and will liaise in the drafting of the Party Wall Award before the relevant works start. It will be necessary for the owners' surveyors to gain entry into the adjoining property so as to carry out a Schedule of Condition as a record of its condition before the works commence. This will be referred to should any defects emerge during or after the development is finished, following which suitable remedy or payment will be assessed. The adjoining owner's surveyor have no powers to dictate whether or even how the building owner carries out the main building works, although he acts as a reference point should the works stray beyond the bounds of the Party Wall Award.

Development may be noisy and dirty, but during normal working hours excessive disturbance is probably best addressed to the local Environmental Department. The adjoining owner's surveyor is to be kept informed as to the situation during the development, but it is not his role to pay regular site visits.

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