Party Wall Surveyors Kingston Team discusses their Role
Ever been involved in works relating to party walls? If not, then you may not have heard of a Party Wall Surveyor. This particular type of Surveyor specialises in resolving issues that arise under the Party Wall etc. Act 1996. Our Party Wall Surveyors Kingston Team needs to be well versed in the law regarding these matters. You can be assured that all our chartered surveyors are qualified and have extensive experience regarding party wall works.
We know that the Party Wall Act is a complex piece of law. Party walls are defined as walls that usually separate buildings belonging to different owners. It’s not just walls between buildings. It could include garden walls, which would be known as party fence walls. With this in mind, it is imperative to get the right advice. From just these examples you can see how complexities could arise from this.
Where did the Party Wall Surveyor originate from?
Some 20 years ago now, the Government introduced party wall legislation. It was carried out across the whole of England & Wales in the form of the Party Wall etc. Act 1996. The Faculty of Party Wall Surveyors was born out of a need for education and support for building surveyors and other professionals, but also to offer better understanding for the general public.
Because of the complicated nature of this issue, there is a great guide available. This is free of charge to download. It is available from the Faculty of Party Wall Surveyors. Please click the link below. This is a basic flow chart for guidance purposes. The Prinsegate Party Wall Surveyors Kingston team can offer all the support and guidance you will need.
Faculty of Party Wall Surveyors: https://fpws.org.uk/wp-content/uploads/2016/11/What-Do-I-Do-Flow-Print-revC.pdf
If you would like to know more about party wall matters, here is a link to the Party Wall etc. Act 1996. This document can be downloaded: https://www.legislation.gov.uk/ukpga/1996/40/pdfs/ukpga_19960040_en.pdf
For more information, please contact our Party Wall Surveyors Kingston Team now via the contact page: https://prinsegate.com/contact-page/
Party Wall Surveyor’s purpose
Before the work even starts, there is another part to the role of the Party Wall Surveyor. They must be able to provide you with sound advice. The legal issues are wide and varied. It could be initial advice on the Act. It could be just explaining the party wall process to you.
The party wall surveyor therefore needs to be well versed on the legal elements as well as the physical elements of construction. It may not be enough to be a chartered surveyor. A surveyor can evidence that he is well-versed in party wall procedures by his membership to the Faculty of Party Wall Surveyors for instance. Prinsegate are members of the aforementioned professional body and always seek to develop their experience and knowledge on the subject. In this way, we ensure that party wall matters are handled in a valid manner.
The Party Wall Act
Another role of the Party Wall Surveyor is to determine any dispute that has come about as a result of the Party Wall Act. This dispute may have arisen between the different parties concerned. The Surveyor will give you advice on the legal implications that come about with disputes. They can also provide you with recommendations. They will also clarify what the law says.
For example, the Party Wall Surveyor can provide advice on the Party Wall Act. They can also advise on what happens if you do not feel that the works have been carried out correctly. If a Notice has been issued, they can also advise on that too.
The surveyors prepare the Award. This Award is a legal document between the two Owners. This is agreed between the surveyors or one agreed surveyor and sets out what is and is not allowed in respect of the notifiable works. It is effectively a legal agreement. Owners can refer to this document to resolve a conflict or query they may have. Conflict often arises out of miscommunication. The award therefore attempts to limit the prospect of conflict developing by communicating what has been agreed.
Schedule of Condition
Before the award is drafted, a surveyor will normally prepare a schedule of condition. This is not a requirement of the Party Wall Act. The schedule of condition is nevertheless an important document. The surveyors will inspect a neighbour’s property to check and record any existing defects. This allows them to verify whether any damage has occurred after the notifiable works have been carried out. If the neighbour complains of damage, the surveyors will rule on whether that damage has occurred. If it has, they will serve an addendum to the award which sets out an amount to be paid for the damage or the neighbour can agree to have the contractor fix the defect.
Duty of Care
Party Wall Surveyors have a duty of care. This duty of care is for both parties. What this means is that they must act impartially under the Act. The surveyors are there to apply the terms of the Act in accordance with the rights of the owners. They may not deviate from the content within the Act and must ensure that everyone is treated fairly. Our Party Wall Surveyors Kingston Team always aim to remain impartial. We at Prinsegate will therefore always strive to act in a professional manner.
Party Wall Surveyors Kingston Team Conclusion
Prinsegate Party Wall Surveyor Kingston team are available to help. They will advise on the procedure of the Party Wall Act efficiently and with diligence. As previously stated, party wall matters are complicated. It is imperative to get the right advice. Failure to comply with the Party Wall etc. Act 1996 may result in the works being unlawful. Always seek advice from a professional.
No matter what your party wall query, our Party Wall Surveyors Kingston Team is here to help.