We at KDN Surveyors provide a wide range of services to meet all your needs while dealing with Party Wall issues. Well tailor these services to suit your unique circumstances and provide specialist advice every step of the way.
We provide a range of services which include:
- Land Registry Search Fees (to verify neighbours’ identity & address).
- Annotating your drawings (if necessary) for clarity and to ensure the notice is valid, and providing explanatory notes.
- Providing an Acknowledgement / Form of Consent.
- Serving the notice together a stamped reply envelope (unless you choose to hand deliver – this is recommended).
- Providing follow up ‘Ten Day Notices’ if necessary.
- Answering neighbour’s questions.
- All normal disbursements.
If a neighbour consents to a notice and a Schedule of Condition was not offered works can proceed without further cost or action.
If a neighbour dissents to a notice a ‘Party Wall Award’ is necessary – the fees will depend on the type of works proposed as well as the complexity.
We offer fixed fees to cover common domestic works. If your proposed works are unusual or if different considerations apply please call us or send us a set of your drawings and we will get back to you with an assessment of what is necessary and a fee proposal.
If you serve notice and your neighbour appoints a surveyor you will also have to pay that surveyor’s reasonable fee.
Party Wall Notices
You need to formally write to the Adjoining Owners whose properties are going to be affected by your works near or on the boundary.
We recommend that you notify them at least eight weeks before the proposed work is due to start. Not all works are notifiable (just the elements affecting the boundaries) but there is specific information you do need to include in your letter.
The simplest way to get this right is to call us. We can discuss your project and advise you as to what elements are notifiable. We can serve notice on your behalf to all adjoining owners effected.
Party Wall Disputes
If we are not appointed as an Agreed Surveyor and a dispute has arisen the adjoining owner must appoint a surveyor under the Act known as the adjoining owners surveyor.
We are often also appointed by Adjoining Owners in this way. In the event of a Party Wall Dispute arising, we are appointed under Section 10 of the Act, in order to settle the dispute by implementing an Award. This usually includes the preparation of a detailed Schedule of Condition in order to safeguard the interests of both parties.
Our expertise in negotiating party wall matters ensures that building work proceeds legally and without unnecessary delays, inconvenience to either party or cost. We will ensure that the rights and duties of both parties are fully understood and observed.
It is worthy of note that in most circumstances all reasonable fees will be payable by the Building Owner.
Neighbour carrying out work
If you have been served notice under the Party Wall etc Act, it is your right to appoint your own Surveyor to represent you. You may feel that the information provided to you is inadequate or do not have confidence in the expertise employed by your neighbour.
We at KDN Surveyors would be pleased to assist you in order to not only safeguard the potential risk of damage to your property, but to ensure that your safety, security, privacy and continued enjoyment of your property is also considered.
Dissenting to the notice is not dissenting to your neighbours project but requesting that a written agreement (An Award) is put in place which includes a survey of your property to capture the condition prior to works commencing.
We will assess the project proposals on your property not only look at the initial impact on your property to ensure that the correct professionals and calculations have been completed and your interests safeguarded but the long term issues that could arise long after the builder and architect have moved on.
If you dissent to the Party Wall Notice and appoint your own Party Wall surveyor, your surveyor’s role would be to administer the Party Wall etc Act 1996 and ensure that your property is fully protected. Under the Party Wall etc Act 1996 Act the building owner (your neighbour) is responsible for your appointed Party Wall surveyor’s reasonable fee.
Party Wall Awards
In the more straightforward projects we regularly act as impartial surveyors for both the building and adjoining owners. If a dispute arises this may lead to a formal appointment under Section 10 of the Act.
In this instance we will encourage the building owner to have a schedule of condition of the adjoining owners property undertaken in order to ensure that the condition of the property is agreed prior to works commencing and thereby safeguarding their interests.
We would then draft and serve a Party Wall Award. We may also be appointed as an Agreed Surveyor where by both parties mutually agreed our appointment to act impartially.
If you have any queries about our services please feel free to contact us.