Fogarty Associates has provided party wall surveying services for over a decade and there are many questions which we get. This article lists the most frequently asked questions we receive.
What Property and Work Types Does the Party Wall etc Act Affect?
It affects all types of property such as residential, commercial and industrial.
It applies to all types of construction work such as new builds, extensions, alterations and repairs.
When Does the Act Apply?
It applies when there are works to an existing party wall, party fence wall, party structures, a new building at or astride the boundary line and excavation within 3m or 6m of a neighbouring structure.
How is the Act Invoked?
By means of notices. There are three types:
Section 1 – construction of walls on the line of junction (one month’s notice).
Section 2 – repairs etc of a party wall (two month’s notice).
Section 6 – excavations near an adjacent structure (one month’s notice).
What Should be Included with the Notice?
The notice requires drawings such as sections, scope of works etc.
What areas of the UK does the Act NOT Apply?
Scotland, Northern Ireland and the Inns of Court
Outside of dealing with issues under the Party Wall etc Act are there any other issues an acting Party Wall Surveyor should deal with?
No, only the Act.
Can Building Owners and Adjoining Owners be Surveyors?
No they cannot, a party to the dispute cannot be an appointed surveyor.
What is the Difference Between an Agency Role and a Statutory Role?
An agency role is a ‘client/ professional’ relationship similar. An example of a professional in this relationship could be an architect, structural engineer or quantity surveyor. It has no power under the Act.
A statutory role, the party wall surveyor, has a duty when appointed following dissent to a notice. It is subject to the powers given under the Act. There is no contract in the traditional sense. The surveyor does not report to the building owner.
What Does the Party Wall Surveyor Do?
Prepares and commentates on an Award, selects a Third Surveyor and determination of costs. The Party Wall Surveyor only exists if an Adjoining Owner dissents to a notice.
Should I get a Schedule of Condition?
The Act does not formally require a condition survey but this is encouraged as otherwise the surveyors would challenge on any determination on the question of repair.