PARTY WALL & NEIGHBOURLY MATTERS

Party Wall & Neighbourly matters

Working in cities and towns where land is scarce, and property will often be in relatively close proximity to one another, legislation such as The Party Wall etc., Act 1996 may be relevant for your planned building works and developments. Such legislation will give building owners and adjoining owners and neighbouring property legal rights and obligations under the Act.

Timescales

Developers and project managers need to build in time into their programmes to ensure their project schemes are not delayed by legal formalities, which must be strictly adhered to. It is common knowledge that programme allowances are made for time in applications for Building Regulations approvals and for Planning processes. Consideration must also be given to matters which fall outside those areas, but could possibly cause delays and impact on the project budget. The Project Manager and Client need confidence in their project team to be conversant with the risks and challenges relevant to the project scheme and timescale.

The ‘Etc’ part of the Party Wall Act

Not all of the Party Wall Act is about ‘party walls’, with excavations and foundations being an important part of the legislation. Whilst an adjoining owner cannot stop your building project happening, they might be able to delay it before it commences. Arun Associates have acted for both building owners and adjoining owners on many developments and projects, and can identify the critical areas that require action, to minimise delays.

Schedules

Whether we need to assist you serving notices on one adjoining owner or multiple adjoining owners, we can put in place a robust mechanism to ensure that each individual or organisation is dealt with professionally and in a timely fashion. We can prepare detailed schedules of condition, and work closely with structural engineers, adjoining owner’s party wall surveyors, contractors, and your architect and design team.

Meetings

Preparation of Party Wall Awards is second nature to our party wall surveyors. Attendance by our surveyors in design team meetings and site meetings on larger projects, can be incorporated into the project brief, where necessary.

Unexpected Events and Response

Project managers and developers need to be able to have a Party Wall surveyor that can be responsive to unexpected events and issues on the project. A crack develops in a neighbouring property, movement of a sewer pipe in a nearby excavated trench, water filling up adjoining basements due to excavations, the need for additional shoring support to excavations, opening-up of the structure for investigation, - the developer will need confidence in their team at all levels, and have access to the Party Wall surveyor for advice.

Non-Party Wall matters affecting the Project

Apart from Party Wall matters, there can be sometimes, third party constraints and limitations, which may be imposed by the legal rights of neighbours and adjoining owners, on the adjoining site or sites. When commissioned for your project, we can review and identify the risks to you and assess the opportunities arising out of Party Wall matters. These can include boundary matters, rights of light, easements, etc.

Whether this is a simple overview/ feasibility at pre-acquisition stage, or a more detailed technical report on your chosen scheme design, Arun Associates have the experience and knowledge to handle all these third-party matters and more, and propose a cohesive, and pragmatic strategy to manage them for you.

Summary of Services

We provide a simple summary of some of our party wall and associated professional services:

  • Acting as Sole Joint Party Wall surveyor, or as a party wall surveyor for the Building Owner / Developer
  • Acting as Adjoining Owner’s Surveyor where there would not be a conflict of interest.
  • Serving of party structure notices under the Act on behalf of Building Owners / developers
  • Serving of Section Six notices on behalf of Building Owners and developers under The Party Wall etc Act 1996
  • Preparing and Agreeing Schedules of Condition
  • Preparing and agreeing Party Wall Awards relevant to a development project
  • Arranging specialist technical reports relevant to Party wall matters such as involving structural engineers, drainage engineers, M&E specialists, etc.
  • Giving professional advice on options to the Building Owner / Developer where this is not in conflict with the Party Wall etc., Act 1996.
  • Feasibility reports on oversailing of site construction cranes to adjoining property, and the need for licences and consents.
  • Investigating boundary issues, rights of light, and easements relevant to a development project.
  • Providing detailed summary reports at various stages of the project, in respect of the Party Wall Awards and associated matters.
  • Measured Surveys


OPTIONS DIAGRAM

Please refer to our block diagram which sets out the main options.

We would be acting for the Building Owner or Developer in projects where development of property was being considered, or as Joint Party Wall surveyor where also agreed by the Adjoining Owner(s).

We would only act for adjoining owners alone, where there was no conflict of interest in respect of the Act.

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