Understanding the Legal Responsibilities of Party Wall Surveyors in the UK
Any construction work that connects to a shared wall or foundation brings you directly into contact with legal obligations. While many people are mainly concerned with the design or budget of their construction, it is often even more important to consider and comply with the law. The Party Wall etc. Act 1996 provides an important framework of laws regarding how to protect your neighbour from construction work done adjacent to their property. Understanding how party wall surveyors function can benefit both parties by reducing potential conflicts, delays or stress caused by such unnecessary disputes.
What is the Party Wall, Etc. Act?
Prior to undertaking any work on a shared wall or structure, the Party Wall Etc. Act 1996 provides a legal framework governing those activities. The Act is created so that all property owners may reconstruct their area whilst also ensuring that their neighbours do not suffer any harm arising out of their construction activities. The Act covers many types of work, including parties constructing buildings that share a wall, parties constructing new buildings close to property lines, and parties excavating near the boundaries of neighbouring properties.
For example, if you wish to construct an extension, loft conversion, basement excavation, etc., you must serve notice on your neighbours under the Party Wall Act. Wherever there is mutual disagreement between neighbours with respect to such construction projects, the Party Wall Act provides clear instructions. It determines the respective rights and obligations of the parties related to the construction project.
The Core Responsibilities of a Party Wall Surveyor
The Party Wall surveyors have a legal obligation to act independently and not represent personal opinions or interests. Surveyors must review plans for the works to ensure compliance with legislation as their main legal obligation. They prepare and agree upon a legally binding Party Wall Award for each of the property owners that establishes the manner of construction, working hours, access rights and protective measures. Therefore, they are making impartial decisions that are not in favour of one party over another. Because of their impartiality, Party Wall Surveyors have a high level of legal responsibility and accountability.
Documenting Property Condition and Protection
Before commencing construction, surveyors must record the condition of the adjacent property in detail. This is accomplished through photographs, detailed inspections, and written documentation. Therefore, both parties will have documentation of the property condition in case damage arises after the project is completed. It also protects the property owner from onerous claims and the neighbour from unknown issues. Surveyors may also recommend protection that reduces vibration, movement or structural “risk”. Therefore, documenting the property condition before construction is a critical legal protection in the process.
Resolving Disputes and Issuing Awards
There are different dispute mitigation methods under the Act as well. For instance, if there is a dispute between the neighbours or the neighbour does not respond, the surveyors can take charge of the case. At this point, the Party Wall Surveyors will commence the resolution process using established legal procedures. Along with making a Party Wall Award, the surveyors are required to ensure that parties keep the adjoining building intact during the proposed works.
Ensuring Compliance Throughout the Project
The surveyor does not go away once construction starts. They continue to monitor that the work is being carried out according to the terms of the award throughout the construction project. The surveyor will be monitoring access, working hours and construction methods. This helps them to clarify who is responsible, or the possible courses of action if problems occur. Moreover, this ongoing monitoring will prevent any small dispute from developing into a large issue. Compliance with the requirements of the award is necessary to protect the relationship between the neighbours as well as the structure of their property.
Balancing Development Rights and Neighbour Protection
A key responsibility of the surveyor is to fairly balance the rights of developing property owners with the protection of neighbouring properties. The surveyor has to respect the lawful right of the owner to improve their property. At the same time, the surveyor must protect adjoining property owners from any unnecessary risks or inconvenience. The surveyor will also be required by law to be impartial at all times (even if appointed by one of the parties).
Finding a Professional You Can Trust for Legal Protection
When a party wall project gets underway, the need for party wall surveyors who know how to guide the development of the project is critical to successful construction. A clear understanding of the legal requirements will reduce any potential for conflict, protect your investment, and assist in future relationships with your neighbours. For property owners who are looking for an expert to support them, Peter Barry has established their position as a provider of specialist knowledge and expertise in the Party Wall Act. With their structured approach, attention to detail and impartiality, they will confidently and lawfully achieve the successful completion of your project.
