|
When the Party Wall Etc. Act 1996 was going through parliament It was initially intended, that for straightforward building works in a residential setting, the two neighbours would agree on the appointment of one, Agreed Surveyor.
If you do intend to appoint your own surveyor that’s OK but it is sensible to first do some homework and find someone of good repute and reasonable cost to avoid the pitfalls associated with the appointment of a ‘rogue or ‘fee driven’ surveyor.’ Appointing the wrong party wall surveyor could cost you money. Some adjoining owner’s surveyors think they can charge whatever they like. This is not the case. Under the Act the building owner (your neighbour) can only be responsible for the ‘reasonable fees’ incurred in agreeing a party wall award. Unfortunately there are too many building owner surveyors who don't like to 'rock the boat' by contesting the adjoining owner surveyor's claimed fees. Fortunately, there are a growing number who will. Where an adjoining owner’s surveyor comes to me with a high fee I ask if they will reconsider. They often do not because they know that if I refer the matter for determination by the third surveyor it costs them nothing. In fact the most unscrupulous amongst them even want to charge more to make representations to the third surveyor. As most third surveyors are quite fair and frown upon high adjoining owner surveyor's fees, the result is likely to be that the fee is reduced and the fee of the third surveyor is passed to the adjoining owner. This could mean an unnecessary cost to the adjoining owner of £500-1000. Warning Signs Ask your preferred surveyor what they intend to charge - If they are vague, walk away If they have a high hourly rate - Proceed with caution Ask them how long it usually takes to agree an award. If > 8hrs - Proceed with caution Residential extensions and loft conversion fees should not be more than around £1000. If they indicate much more - Proceed with caution Ask if you preferred surveyor will act as the agreed surveyor if asked to do so by your neighbour. If they say no you may become liable for my fee - Proceed with caution It is worth noting that most residential works aren't particularly complicated. There are lots of good local surveyors who are familiar with the Party Wall Act etc 1996 and charge reasonable fees. A short list of expert Party Wall Surveyors whose adjoining owner surveyor fees are fair. Alex Frame Anthony Fieldhouse Watson Woods Partnership Collier Stevens Brittain Hadley Quatrefoils Party Wall Services There are many others...
0 Comments
If your neighbour, the Building Owner, is carrying out work on or near a party structure (wall, floor, or fence wall) or digging within a certain distance and to a certain depth, without first serving a valid Party Wall Notice, they may be acting outside the law and therefore can be stopped.
You have various options. Often the best approach is to start softly. Option 1 is soft and Option 3 is hard. Option 2 is somewhere in the middle. Option 1 - Talk to your neighbour yourself. Ask them about their plans and when they intend to submit a Party Wall Notice. Sometimes this is enough to get them back on track. You will need to be confident of explaining why they should submit a Notice. This isn’t an approach which suits everyone but if you can do it, it is the best for maintaining neighbourly relations. NB. If works have already begun or are have been completed an alternative solution may be more appropriate. Click here to learn more. Option 2 - Ask someone to talk to your neighbour on your behalf. Find a Specialist Party Wall Surveyor and explain your concerns to them. The surveyor could write to them to start the conversation. Normally there should be no cost to you because Surveyors will often act for free in the first instance with the understanding that you will formally appoint them to act on your behalf should Notices be served. The fees to be incurred are commonly the responsibility of the Building Owner, your neighbour. Option 3 - If, after you implement Option 1 or 2, your neighbour still takes no action and you are certain that they are acting in a way that requires the service of a Notice under the Party Wall Act but have not done so, you could seek an injunction from the County Court. You will need to take legal advice for this as if you are wrong you could be left with a hefty bill. The procedure for applying for an injunction is fairly simple. Your legal advisor will guide you through the process. Remember if you are wrong, and it is found that your rights have not been infringed and your action has incurred costs for Building Owner, you will bear those costs. Be careful. If you are a Building Owner and are served with an injunction you should stop immediately. If you ignore the injunction you risk imprisonment. Take expert legal advice without delay. Conclusion It can be a real challenge and cause great distress dealing with a neighbour who is intent on flouting the law. Fortunately, we can offer a simple solution that can get neighbours back on track. An agreement that allows the parties to resolve disputes as if notices had been served. Click here to learn more. Once the agreement is made, the parties can appoint a surveyor, (or two surveyors) to make an award to resolve a dispute between them. It makes sense to take advice from a Party Wall Expert as soon as you can. If you need urgent advice on your Party Wall Matter call us for FREE NO OBLIGATIONS ADVICE on 077300 18236 or email [email protected] Why risk it? Karmjit Grewal MFPWS Coburns Party Wall www.coburnspartywall.co.uk Yes you can, but beware. If you make a mistake your Notice may be invalid and therefore you may not offer the protection of the Party Wall etc Act 1996 that you had hoped for.
The obvious question is why you would want to take on this task yourself? The savings are low and the risks are high. Further, if you are not well versed with the Party Wall etc Act 1996 you may struggle to understand what you need include all the necessary details. Some Notices require drawings to be attached. Do you which drawings are required for which Notices? Probably not. If your Notices are incomplete and your neighbour dissents and subsequently appoints their own Surveyor, expect that Surveyor to ask for the required drawings. He will likely charge by the hour you for requesting the drawings. Drawings that would already be there if you had instructed an Specialist Party Wall Surveyor in the first instance. So for the sake of saving £50 your may have cost yourself a few hundred pounds. Coburns Party Wall can make the decision easy. We will not charge you to draft and serve your Notices if you quote this post when you contact us. If you would us to serve a Party Wall Notice on your behalf AT NO COST call us on 077300 18236 or email [email protected] Why risk it? Karmjit Grewal MFPWS Coburns Party Wall www.coburnspartywall.co.uk Once you receive a Party Wall Notice from your neighbour you have a few options. I will outline the 3 main positions you could take. There are further options within these three positions as you will see.
Scenario A - You are happy to proceed WITHOUT A FORMAL AGREEMENT Why - You are not concerned by the impact of the work on your property either during the work or after. The proposed job is simply and/or you are happy your neighbours and their builder will be considerate of you, your family and your property’s needs. Action - Consent to the Notice within 14 days. If you do nothing see Scenario C. Worth Noting - It is still a sensible precaution to ask your neighbour to have their Surveyor carry out a Schedule of Condition which accurately describes the pre-building works condition so claims for damages are clearer and easier. Scenario B - Happy to proceed but WITH A FORMAL AGREEMENT Why - You are concerned by the impact of the work on your property either during the work or after. The proposed job is not particularly simple and/or you are not entirely confident your neighbours and their builder will be considerate of you, your family and your property’s needs Action - Dissent to the Notice. Either agree to use your neighbour’s Surveyor or if you wish, instruct your own (either way normally at your neighbour’s expense). Worth Noting - Your neighbour will have their Surveyor carry out a Schedule of Condition. If you appoint another Surveyor he will sign off the Schedule of Condition created by your neighbour’s Surveyor. Appointing another Surveyor will cost your neighbour more money which can sometimes put a strain on neighbourly relations. Scenario C - NOT BOTHERED Why - You do not think it is important, you are busy or expect to be away while work is ongoing or you are a Landlord so don’t care about the disruption. Action - If you don’t have any problems with your neighbours plans this is not the way to go. If there is no reply to the Notice within 14 days this is known as ‘Deemed Dissent’. Either agree to use your neighbour’s Surveyor or if you wish, instruct your own (either way at your neighbour’s expense). If you continue to take no action the Building Owner’s Surveyor can appoint a Surveyor on your behalf. This is to prevent you from causing an unnecessary delay. Worth Noting - Your neighbour will have their Surveyor carry out a Schedule of Condition which accurately describes the pre-building works condition so claims for damages are clearer. If you do not allow the Surveyor access to carry out a Schedule of Condition this may harm your attempt to claim for damages. Appointing another Surveyor will cost your neighbour more money which can sometimes put a strain on neighbourly relations. You will note that whatever your position it makes sense for you to ask your neighbour to have their Surveyor carry out a Schedule of Condition which will accurately describe the pre-building works condition. This will make it easier for you to establish the exact damage caused and make any claim a more straight forward process. Whoever you appoint as Party Wall Surveyor they are legally required to act impartially. We pride ourselves on delivering an honest, reliable service with a focus on achieving an equitable outcome for all parties involved. Appointing another Surveyor will lead to increased costs and delays for your neighbour but in practice should deliver an identical result for you. It is entirely up to you to appoint your choice of Surveyor but remember, appointing an Agreed Surveyor will save your neighbour time and money which we think is the neighbourly thing to do. We hope you agree. If you need advice on how to deal with a Party Wall Notice call us for FREE NO OBLIGATIONS ADVICE on 077300 18236 or email [email protected] Karmjit Grewal MFPWS Coburns Party Wall www.coburnspartywall.co.uk Yes and no.
The Party Wall Act gives the Building Owner, and those acting for him, the right to access the adjoining land to carry out work relating to the works described in the Notice and/or the Award if they cannot be done any other way. You cannot just decide to carry out work from your neighbour’s side because it’s easier or cheaper that way. You have no right to go next door to do work if it is not directly covered by the Act and first described in a Party Wall Notice/Award. Remember though, even where you are entitled to gain access to the adjoining owner’s land, you must give reasonable notice. Normally 14 days but can be less in the case of emergency. The emergency must be genuine and not simply because the builder had not planned properly. There may be circumstances where the Adjoining Owner does not respond to your notice or allow your request for access under the Act. Interestingly, the law says the Building Owner can break in but he must be accompanied by a Police Officer. Gaining access by this method is rare. And it can be quite difficult to get the support of your local bobby on the beat for such a purpose. Most police stations know nothing about your rights under the Act so it can be difficult getting their help. If do have to gain access without the express permission of your neighbour, and with the help of the police, you must ensure that you cause the minimum amount of damage, then make good and secure the premises afterwards. Often it is best to get your Party Wall Surveyor to aid you in gaining access. If you need advice on gaining access call us for FREE NO OBLIGATIONS ADVICE on 077300 18236 or email [email protected] Why risk it? Karmjit Grewal MFPWS Coburns Party Wall www.coburnspartywall.co.uk Building work can be noisy and disruptive. The law recognises this, so the Building Owner is entitled to cause reasonable disturbance.
However he must not cause unnecessary inconvenience. Only what is necessary. Necessary is not simply about convenience or lower cost for the Building Owners or their contractors. If the work could be done in such a way as to cause less inconvenience, but at a greater cost, the Building Owner must bear that cost. Where the Building Owners and his builders actions cause a direct and measurable loss to the Adjoining Owner or Occupier, then he may be liable for financial compensation. For example, a business suffering reduction in trade due to the disruption may be able to make a claim for loss of earnings. Just because it is inconvenient having a building site next door does not mean you are entitled to compensation. The Party Wall Act does not relieve Building Owners from their duty to keep noise and vibration within defined limits or to work within specified hours. They are still bound by normal health and safety and environmental protection legislation. If you wish to discuss your concerns call us for FREE NO OBLIGATIONS ADVICE on 077300 18236 or email [email protected] Why risk it? Karmjit Grewal MFPWS Coburns Party Wall www.coburnspartywall.co.uk The Building Owner is responsible for ensuring that his/her builder keeps the site and surrounds clean, tidy and safe.
He should provide all necessary hoardings, shoring, temporary supports and security provisions to protect the Adjoining Owner and his visitors from harm resulting from the work. He must also protect the party structure (commonly the Party Wall) from the weather, maintaining structural integrity of the Adjoining Owner's property. In summary they must consider the safety of you and your visitors, the security and structural integrity of your property. A Party Wall Award could take all these concerns into account. If you have any concerns about your neighbour’s plans for building works call us for FREE NO OBLIGATIONS ADVICE on 077300 18236 or email [email protected] Why risk it? Karmjit Grewal MFPWS Coburns Party Wall www.coburnspartywall.co.uk He can if the relevant Notice has been served and it is necessary to do so.
You may not like it but he has rights to do work from your land that cannot reasonably be done any other way. However he can’t just use your land if he feels like it. If they are entitled to access your land and you try to prevent your neighbour, his/her workmen or surveyor from doing what the Law allows, then you run the risk of criminal action. The penalty could be a fine and a criminal conviction. Is it worth it? If you need more information about your rights regarding a Party Wall matter call us for FREE NO OBLIGATIONS ADVICE on 077300 18236 or email [email protected] Why risk it? Karmjit Grewal MFPWS Coburns Party Wall www.coburnspartywall.co.uk Unfortunately this is not a Party Wall Matter.
The Party Wall Etc Act 1996 relates to works on or near a building on an adjoining owner’s land. It is meant to ensure that damage is not done or, if it is, it can be made good again. It has no bearing on easements of light, access, air or support to land. Easements An easement is a right attached to one piece of land (the dominant land) and which affects another piece of land (the servient land). The right either allows the owner of the dominant land to use the servient land in a particular kind of way or it restricts what the owner of the subservient land can do on his land. Examples of easements are:
You may need to involve the courts to make a declaration recognising the existence of an easement and its enforcement. For example the owner of the dominant land might seek an injunction against the owner of the subservient land if a right of light has become blocked - in this case by a Party Wall. There is no legal right to sunlight or even to a view. The amount of light "necessary" as far the law is concerned might surprise and disappoint you. There are people who are specialists in easements. Specialist advice is essential before taking action on the grounds of injury to such an easement. If you need help with Party Wall issues relating to works on your or your neighbour’s property call us for FREE NO OBLIGATIONS ADVICE on 077300 18236 or email [email protected] Why risk it? Karmjit Grewal MFPWS Coburns Party Wall www.coburnspartywall.co.uk |
AuthorKarmjit Grewal MFPWS Archives
November 2016
Categories |
RSS Feed