Areas of practice

If you are planning on carrying out work to a shared wall or a wall that sits astride the boundary (a party wall), enclosing on someone else’s wall, excavating within 3m or 6m of an adjoining building or structure, or are building at, or up to the boundary line, then you need to think about your obligations under the Party Wall etc Act 1996 (The Act). Also bear in mind that in multi-occupied buildings walls and floors/ceilings between flats can also be classified as ‘party structures’.

Party Wall health check
If you’re an owner planning to carry out notifiable work or if your neighbour is planning on doing work that you think might come under The Act, I’m always happy to have a free chat on the telephone to help clarify things or advise you on your options.

Party Wall Act Booklet

Consultation process
It’s important to start thinking about the of The Act early on in the project, not only in terms of your adjoining owners but also on how you might be able to go about the works. Left to the last moment you might find your start of work held up, construction plans having to be altered or additional costs being incurred.
I can help identify the party wall implications of a project early on so that they can be factored into the timings and the costs. 
You might also need to think about access to carry out works near to boundaries. Sometimes this can be gained under the benefits afforded by The Act. If not you might need to negotiate and agree access arrangements and licences with neighbours for things like brickwork/pointing, scaffolding or crane oversail. I can help you deal with these issues too. 
It’s worth bearing in mind that if access is not available under the Act, then a neighbour is under no obligation to give you access to their land. It pays to think ahead. 

Party Wall procedures
I identify the need for notice under The Act as determined by your building plans, draw up the necessary notices and serve them on the respective adjoining owners. I then go on to agree consents or alternatively where the neighbour(s) dissent, agree awards with the surveyor(s) appointed by adjoining owners.
Also bear in mind that there may be multiple adjoining owners, all of whom may be entitled to notice. This takes time, so make sure you allow for it!
Likewise I can act for an adjoining owner who has received notice under The Act and who wishes to appoint a surveyor to act on their behalf. 
On smaller projects where the works under the Act are simple and straightforward, if both sides concur on the appointment, I can also act as The Agreed surveyor whereby I act for both owners. This helps keep costs down and can speed things up.

This option can be difficult for owners to understand as they feel that an Agreed surveyor cannot act for two people. The important thing to remember is that any surveyor appointed under the Act is acting as prescribed by the Act, rather than as demanded by either appointing owner. As such, no surveyor appointed under the Act should behave in a way that frustrates the process simply for the benefit of one of other of the appointing owners.

Neighbourly liaison advice
People can sometimes behave out of character when faced with a neighbour’s building works. Likewise building owners themselves can sometimes behave badly or without due respect to their neighbours’ concerns. Their enthusiasm can sometimes lead them to interpret reasonable concerns raised by their neighbours as just being awkward.
I can advise on the best approaches to smooth the way as far as possible. More often than not, it’s a question of thinking ahead and being considerate. This can sometimes be hard if there are underlying resentments, or if there have been objections raised during the planning process.

Schedules of condition
Under the Act a building owner carrying out works has an obligation to make good any damage that the work causes to adjoining property. Unless a record is made of how things stand before the start of work, building owners do expose themselves to possible erroneous claims of damage from adjoining owners. 
Noise and vibration from building sites can make people look at cracks that they haven’t noticed before and then attribute them to the works. Schedules of condition record existing damage and will form part of an award. Even if an adjoining owner consents to a notice, it’s still advisable that a building owner prepare a schedule, as their obligation to put right damage is not diminished by the act of consent.

On bigger projects, maybe where significant excavation is planned, preparing schedules of condition can be a means of appeasing or reassuring parties who are not entitled to notice but who will by their relative proximity have concerns about possible damage.
It’s worth remembering The Act is designed to enable parties wishing to carry out legitimate works near to, or on, boundaries. It’s not a piece of legislation to be used by adjoining parties to block the rights of building owners. It’s important that appointing owners and their appointed surveyors remember this.

Here’s a useful guide to Party Wall procedure issued by the Office of the Deputy Prime Minister which you can download.

If you, or maybe your business, are looking to purchase or lease property, then it’s vital that you’re aware of its condition and as informed as you can be before you sign on the dotted line. Remember you’re taking on a repairing liability for the building, either sole or shared, as a whole or parts of it not just at the point of purchase but for the years of ownership ahead. Forewarned is forearmed, and survey findings may enable a residential buyer to negotiate a reduction in the purchase price. If you’re acquiring a commercial lease, you will be taking on repairing liabilities and if you don’t know what the real condition of the demised premises is, you could be exposing either you, or your business to an onerous and expensive obligation, either short or long term.

The word ‘survey’ can be misleading and potentially has different meanings to different people and in different circumstances. In the residential context, the mortgage fee charged by a lending instituation will typically include for a ‘survey’ pior to making you a mortgage offer. This survey is primarily designed to reassure the lender that the property is sound for lending purposes, namely that it exists, it has no major defects and that the proposed purchase value is compatable with current market prices for the area. The survey report typically covers two sides of A4 under broad headings. Until relatively recently borrowers didn’t even get a copy of this report. Nowadays borrowers are able to rely on the findings of the survey but given that the appointed surveyor will only be on site for maybe 30-40 minutes, the ‘survey’ report produced will not be comparable to a ‘survey’ that results from 3-4 hours on site. So when you hear the word ‘survey’ make sure that you interrogate what you are getting and whether it’s sufficient for your needs.

A level 3 building survey inspection will include a visual assessment of the external and internal elements of the building fabric and a visual assessment of the building’s service installations and drainage. Inevitably there are always some limitations on what can and can’t be inspected and I will talk you through these and confirm them with you on instruction.

I try to match the scope of the survey to your specific needs. For example if you are buying a flat or house with the intention of stripping out the services and starting again, then we can agree that the exisitng services will not be covered by the survey. As long as both sides are absolutely clear about what is and what isn’t covered, then surveys can be tailored to suit a client’s specific needs. However I will warn you that by omitting an element you are potentially exposing yourself to risk.

It’s obviously essential that buildings are regularly maintained to keep their value and ensure that they perform correctly. Dealing promptly with obvious defects as they arise can often be key to preventing both short or long term damage occurring to the building fabric. For example, leaking pipes, gutters, damp patches, failing paintwork or condensation problems.

Sometimes there may be no obvious clue as to the cause of a problem and in these circumstances a more detailed and methodical inspection and analysis of the problem will be needed.

In either instance I can advise on the cause and the appropriate remedial works to the building fabric. Again if you just want to have an initial chat that’s fine.

In the same way as with Building Defect Analysis, looking after your property on a regular basis is a sound idea. I can advise on the current state of the building fabric and help plan with you (and if appropriate your fellow lessees) a programme of repair or maintenance. Be it a one off schedule of works or a longer term plan.

What I don’t do is undertake design work, or the preparation of drawings for alterations to property. I can of course refer you to architects and engineers if you need this type of help (see Business Networking). However, where you already have a builder lined up to work on a project, I can offer guidance during the pre-contract and contract phases to help ensure that you achieve the best result either by way of regular site visits or one off visits as and when required. This service provides you with help in several ways:

• Determining the scope of the work
• Agreeing the contract cost
• Ensuring understanding on both sides and making sure that the expectations of both sides are met. Lay people talking to builders can often lead to confusion and misinterpretation, on both sides!
• Advising on variations that may arise during the works
• Assessing interim payments
• Checking that work is being completed in accordance with the agreed specification
• Working with the builder to overcome technical difficulties
• Snagging works at the end of the contract
• Advising/agreeing etc on the final contract sum

I’ve found over the years that people with a property related property problem can often benefit from a short chat on the phone to talk through the issues. Under RICS guidelines members should be prepared to give up to half an hour’s free consultation to first time clients, so why not use it? A problem shared can often help put things into perspective and make it easier to identify the best way forward. I can suggest possible options and, where appropriate, point you in the direction of other professionals who might be better placed to help you, or move the problem on for you. It might lead to an instruction for me, it might not.