Let’s take a step back and clarify a few important terms and roles under the Act.
Key Roles: “Owner” and “Surveyor”
When dealing with party walls, you’ll come across two main referrals: owner and surveyor.
- Owner: The Act divides ownership into two groups:
- Building Owner: This refers to the individual or entity carrying out the work. It could be a large developer or a small homeowner wanting to extend their house. Both types are considered “Building Owners” in the context of the Act.
- Adjoining Owner: This term refers to anyone whose property is next to, above, below, or within a certain distance of any excavations or construction work being carried out by the Building Owner.
Who Qualifies as an “Owner”?
According to Section 20 of the Act, an “owner” is:
- A person entitled to receive rent or income from the property.
- Someone in possession of the land (excluding short-term tenants).
- A buyer under a contract to purchase property or a lease agreement (not a short-term tenant).
In simpler terms, if you own your home or have a long-term lease, you’re an “owner” under the Act, even if you’re a leaseholder in a building.
What if the Property Is Sold?
If the property next door is being sold, you still need to serve notices to the buyer. If a party wall agreement was already made, the new owner will have to honour it. If the property is actively for sale, the buyer may also have a say in the terms of the agreement.
Surveyor Roles and Responsibilities
A surveyor is appointed to represent each party in the process. There are three types of surveyors under the Party Wall Act:
- Building Owner Surveyor: This surveyor represents the Building Owner and ensures that the work complies with the Party Wall Act.
- Adjoining Owner Surveyor: This surveyor is appointed by the Adjoining Owner to protect their interests during the construction process.
- Agreed Surveyor: This is a neutral surveyor selected by both the Building and Adjoining Owners, typically for simpler projects where both parties are in agreement.
The Third Surveyor
In cases where the Building Owner and Adjoining Owner’s surveyors can’t agree on certain matters, they may appoint a Third Surveyor to give an independent opinion. The Third Surveyor usually has minimal involvement but plays a critical role when disagreements arise.
Surveyor Fees
Typically, the Building Owner pays the surveyor’s fees. However, in cases of counter-notices or disputes, the fee structure can become more complex.
Qualifications of Surveyors
While you don’t need a highly specialised professional to act as a Party Wall Surveyor, they should have a solid grasp of building and construction principles.
Chartered Surveyors or architects typically carry professional indemnity insurance, which is important in case of mistakes. Always check that your Surveyor has this coverage.
In Conclusion
The Party Wall Act is essential for ensuring that construction work is carried out fairly and legally. While it may seem tedious, getting the process wrong can lead to expensive legal complications, which is why it’s always best to follow the Act’s procedures carefully.