Anytime a property owner plans to undertake construction work covered under the Party Wall Act of 1996, they will require the expert services of a surveyor. Some examples of notifiable work include:
- Any construction work that will have a direct impact on the party wall
- Any work involving excavation close to the property of the adjoining party. Some examples include a garden structure, a wall, or an outhouse.
- There is a new wall being constructed right next to the border of two properties.
In general, a notifiable work pertains to any construction work the property owner plans to undertake which will affect any neighbouring property or properties.
Who is a surveyor for party wall disputes?
The role of a surveyor is vital to resolve any dispute arising from any party wall related construction. A surveyor is a person who does not have any involvement in the ensuing matter. In general, anyone can be a surveyor as long as he or she is not either of the owners in the dispute.
The Party Wall Act of 1996 does not have stipulations on the qualifications of a surveyor, but in looking for a Party wall surveyor in Cheshire practitioners need to at least have extensive knowledge about the Act, as well as some expertise on property and construction matters and previous experience working on party wall disputes.
Three types of party wall surveyor appointments
A party wall surveyor can take any of the following types of arrangements:
- Surveyor for the building owner. As the surveyor representing the property owner who is planning to undertake the construction, he or she will perform specific duties which include the following: prepare and serve the notice, conduct a Schedule of Condition Report together with the surveyor of the adjoining property owner, and ultimately come to an agreement concerning the Award.
- Surveyor for the adjacent property owner. The surveyor will be adjoining the property owner’s representative in all matters related to the mediation. First, it is the surveyor’s responsibility to check and review the blueprint for the proposed construction and make sure that once the work commences, it will result in the least possible impact to the adjoining property. The surveyor will then agree and propose the Award which will be given to the property owner who is getting the work done. Once the construction is complete, the surveyor will return to the adjoining property and inspect the completed work and ensure that there was no damage to the property.
- Acting as the agreed surveyor. A surveyor can represent both parties as an impartial agreed surveyor. All the responsibilities and roles remain the same, except that only one person is dealing with the dispute.
When only one surveyor is working for both parties, the proceedings tend to be quicker and less costly. It is always essential that when an ensuing party wall dispute is about to occur, seek the assistance of a surveyor who has extensive experience and proven reputation in successfully dealing with party wall disputes.