Paul Morton

Party Wall Matters

Surveyors are involved in recording the condition of properties where neighbours are due to undertake building work.  Legislation [The Party Wall etc Act, 1996] imposes a need for a condition record to be taken on properties adjoining building work, notably if the latter is within 3 metres of a structure.  This can extend to 6 metres dependent upon the proposed foundation depth.

Work to a party wall, or a party structure in the case of flats within a block, can also lead to the Party Wall Act being invoked.

Usually the surveyor or architect acting on behalf of the owner of the property being extended or altered is invited to review the condition schedule prepared under the Party Wall Act, accompanied by the independent surveyor acting for the neighbour.  In some cases, the same surveyor can provide advice to both owners as they represent 'the wall'.

The reasonable fees of all surveyors employed are paid for by the owner of the property to which the work is being done.

At the end of the building work any reasonable deterioration to the neighbour's property would be put right through the building contract to a reasonable equivalent standard.

In some instances neighbours may choose to appoint the surveyor already involved in the extension and refurbishment works although, more commonly, independent appointments apply.

In some cases it is also recommended that legal advice be sought.

If you would like more information on the Party Wall etc Act and how it may affect you, if you or your neighbour are considering building work please contact us for advice or an appointment.


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