The correct paperwork for party wall procedures
We know that Party Wall Surveyors can serve notice for party wall works. Maybe you didn’t know that you can also serve notice yourself, but this is not recommended by the Party Wall Surveyor Surrey & London Team. This is because DIY notices can be invalid, meaning that the whole process needs to start again, by which time it may be too late or costly!
Be aware that the Party Wall etc Act 1996 is a complicated process. This Act states very clearly that the building owner should serve the appropriate notice. This needs to be served on adjoining owners. If there are no notices, then no rights exist either. Party Structure Notices are served under section 3 of the act although they cover works described in section 2 (2) sub sections (a) to (n).
So, firstly, it is essential to work out who the building owner is. This could be a person who owns the freehold of a property. Or could be someone who owns the freehold of a plot of land. It could even be someone who possesses a leasehold interest. Naming the building owner can be a complicated task. The owner can be served notice without the name being known.
The Land Registry website can help in identifying the building owner. Please note that there is a very small fee for this service. The Land Registry will be the most reliable way of getting this information. It can also be useful for if there are problems later on regarding building owners. The link for The Land Registry is at bottom of page.
Party Wall Surveyor Surrey & London Notices
Let’s say that the building owners are established. These owners must sign the notices served. If they prefer, they can request someone to act on their behalf. Adjoining owners will also need to be identified.
Our Party Wall Surveyor Surrey Team at Prinsegate are experienced in dealing with notices. Ensuring the paperwork is completed correctly is imperative. If you are going to undertake this yourself, make sure that you serve all notices to all appropriate parties. The notices must contain three essentials. Names and addresses of building owners must be included. You must also give information on the proposed works. Lastly, the date that the works will start.
It is important to note another thing about notices. If works that they relate to have not begun within 12 months, then the notices will cease to have effect.
There are many different notices pertaining to various kinds of work. Our Party Wall Surveyor Surrey Team here in Surrey will help you with all aspects of the party wall work. They can provide you with more information regarding the notices.
A mistake that is often made is that plans are missing from the notices. If plans are not submitted, this means the process will have to start again. Our Party Wall Surveyor Surrey Team are on hand to help with these matters.
Party Wall Surveyor Surrey & London Team: Duty of Care
Our appointed Party Wall Surveyors in Surrey and London have a duty of care. If you have been served a party wall award, your party wall surveyor must inform you that you have a right of appeal. This is made in a County Court. It must be within 14 days on the date that the award was served. For more information regarding the appeal process, please speak to one of our specialist Party Wall Surveyor Surrey Team here at Prinsegate.
A last point to remember is that once a party wall surveyor is appointed under the Act, whether as the Agreed Surveyor or by either owner, they have a duty to act in an entirely impartial manner.
As you will see from the above, this is only the start of the process. It is already becoming very complex. It is essential that you gain the right advice regarding party wall matters from the Prinsegate Party Wall Surveyor Surrey & London Team, who also operate in Kingston.
The correct plans are also important. Prinsegate Chartered Building Surveyors are experienced in assisting with the preparation of Notices. They can also give advice on plans as well as all other matters relating to party walls.
The Party Wall etc. Act 1996 is a complicated piece of legislation. It is imperative to get the correct advice when dealing with party wall matters.
You must take into consideration that there is a wealth of case law on the subject of party wall and there is often the question of whether a notice was drafted in a valid manner. This is why we recommend a chartered party wall surveyor to undertake this work for you, even if you are familiar with the party wall process. As your surveyor is acting on your behalf, it is best practise to leave the specialist work to the experts.
We have served notice countless times and understand the differences between a valid and an invalid notice. This can be make or break on the subject of party wall. The last thing you want is to be excluded from invoking the Act because of a poorly drafted notice with crucial details left out.
If you would like more information about the services we can provide here at Prinsegate Chartered Surveyors, please click the link to our website below:
Read our other blog post on how to deal with party wall: https://prinsegate.com/kingston-surveyors-trouble-party-wall/
For more information on the Party Wall etc. Act 1996, please click the link below. This can be downloaded free of charge:
For more information regarding the Land Registry, please click the link below: