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The Role of the Party Wall Surveyor

The term “Surveyor” is defined in the Party Wall etc. Act 1996 as any person who is not a party to the works.

That rules out the possibility of an owner acting for themselves but anyone else is permitted to take an appointment.

If you think your neighbour is unlikely to consent to the proposed works it is worth involving a Party Wall Surveyor at an early stage.

The process starts with the Service of a Notice or Notices.

Although these are widely available it is worth remembering that if they do not contain all of the necessary information, or are not correctly served in compliance with the Party Wall etc Act 1996 they will be invalid. 

Are you the property owner?

If you are planning building works to your house, such as an extension, loft conversion or basement, then the works are likely to affect your neighbours.

They will also very likely be governed by the Party Wall etc Act 1996 legislation that requires you give your neighbours notice of the works you are proposing.

There is a risk that the works may cause damage to your neighbours property, and failure to comply with this legislation could result in the building works being stopped by an injunction and a Court awarding damages.

However, if you use the Party Wall etc Act 1996 any dispute will be resolved by Party Wall Surveyors and not in the Courts under common law. The costs will be considerably less.

Are you the neighbour?

If your neighbours are considering building works to their property, the works may be governed by the Party Wall etc Act 1996, a piece of legislation that requires them to give you notice of their works.

There is the risk the works may cause damage to your property during the work, or damage may become apparent some time after the works have been completed.

If you wish to discuss your neighbours proposed building works please contact us for free party wall advice and how it may affect you.