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We are a small and exclusive building surveying practice based in Leicester. We are members of the Charted Association of Building Engineers highly experienced and skilled to look after you and your property, throughout any party wall matters. We have been in the surveying business for over 20 years involved in varied projects both domestic and commercial. With strong links and partnerships with other construction and professional services such as structural engineers, architectural design practitioners and building surveyors.
We act for both Building Owners who plan to undertake building works and Adjoining Owners who may be affected by the work. We understand your needs and provide friendly advice, in many cases we can act for both parties acting as an agreed surveyor for both, thereby reducing the cost burden on the Building Owner.
If you are looking for a party wall surveyor, we offer initial free advice and guidance. We work with all parties to ensure lawful application of The Party Wall etc. Act 1996. In such cases, we undertake the serving of notices, contact parties involved, dispute resolution, and issuing Party Wall Awards, in addition we could also communicate the Award requirements to builders and designers if required.
We prepare an impartial Party Wall Agreement that includes:
OUR ROLE working on your behalf we can act for you in the following roles:
The party wall surveyors will also prepare a report called a “schedule of condition”, of the neighbouring property before work starts in order to protect the interests of both parties in the event of a claim for damages after works have been completed.
Leicestershire Party Wall Surveyors.
The main areas it includes are:
Walls and other built elements include:
A Party Wall Notice is a legal document which must be served to your Adjoining Owners / neighbours, to provide them with notice of the works you are intending to carry out to the party wall in question, the notice may include plans and foundation details. It is a good idea to do this as soon as possiable in order to avoid delays.
There are three types of Notice:
When should you serve the Notice
The Notice should be served either 1 or 2 calendar months before commencing the notifiable works as detailed below. This will allow for the notice to run through the statutory frame work and allow for negotiations and inspections by surveyors should a dispute arise under the Act. These are the time frames for the three different notices that can be served:
Once the notices have been served the Adjoining Owner has 14 days to respond, if they do not respond this means that you can not start works on site to which the Party Wall Act applies.
You need to give the Adjoining Owner a further 10 days to respond to the notice. If they still have not responded you are obliged to appoint a surveyor to act on their behalf. You will also be the bearer of the surveyors fees.
Once an Award has been signed you will have up to one year to start works on site.
If you as the Building Owner are proposing to start work covered by the Party Wall Act, it is required that you give notice to the Adjoining Owner of your intention as detailed within the Act. There is a set process to follow that has substantial practical benefits for all persons involved.
If there is no response from the Adjoining Owners you must assume there is a dispute and act accordingly.
In order to make sure your proposed building work doesn't affect any of your neighbour’s property structurally, it’s within your interest to make them aware, and have a Party Wall Agreement in place and make sure a surveyor is in place to oversee any possible problems or damage.
The Adjoining Owner could take legal action if the Act is not followed correctly and may claim financial damages. The Building Owner will typically be responsible for any onsite costs and rectification of any damage caused to the neighbouring properties during the construction works, any damage or financial loss cannot be negated to the builder.
The Act is designed to minimise disputes and should be regarded as an Act to enable an owner to exercise rights and undertake obligations to protect and safeguard neighbour’s property and Building Owners rights.
Planning permission and Building Regulations does not negate the need to have a Party Wall agreement in place.
Adjoining Owners can disagree with the proposed works which are planned by the owner. When there is a disagreement, a dispute is deemed to have arisen and the Act can help and provide a means for resolving the dispute.
If you are an Adjoining Owner and you receive a notice under the Party Wall etc. Act 1996, you will have 14 days to consider how to safeguard your interests and property. The intention of the Act is to ensure that the adjoining property is protected against damage and if damage is caused the Adjoining Owners are financially safeguarded and have readdress.
If you do not respond or do not appoint a surveyor within this time period a further ten-day notice will be served. If you fail to respond to the notice after the ten days a surveyor can be appointed on your behalf by the Building Owner.
The following three options are available to an Adjoining Owner upon receipt of a Notice:
1. Agree to Notice:
As an Adjoining Owner you are satisfied that there will be no damage or consequences to your property, then you may consent to the Notice and the Building Owner will be able to continue with their proposed work without an Award being necessary.
2. Appoint your own surveyor:
The Adjoining Owner’s Surveyor will liaise with the Building Owner’s Surveyor and will prepare an Award detailing various limitation and draw up a schedule of conditions authorising the proposed works.
3. Appointment of an Agreed Surveyor:
If the Adjoining Owner is happy for a single surveyor to represent both parties’ interests, then he/she will act impartially to draw up an Award for both parties.
Typically, the Building Owner proposing the works will pay all the Party Wall costs associated with drawing up the Party Wall Award, if the works are solely for his/her benefit. Where a difference is deemed to have arisen and before the Party Wall surveyors produce the Party Wall Award, both parties may jointly agree to settle any outstanding matters between them without the need for an Award. In this case the Building Owner will usually still be liable for all reasonable Party Wall costs incurred up to the date where the parties notify the Party Wall surveyors of their intentions in writing.
If you would like more information regarding our party wall surveying services please call us on 0782 101 8702 or simply fill out the contact form below and we will contact you.
Please Note: The information on this website is intended only as a guide and does represent legal advice. No user should act with the information on this site before obtaining legal and/or professional advice. Interpretation and application of the Party Wall etc Act 1996: can be multifaceted. No responsibility can be taken for any loss or damage suffered as a result of acting upon any inaccuracies contained herein.