In this blog post on property surveying the topic will discuss party wall surveying procedures, and specifically the acceptance of awards for party walls.
An Party Wall Award also commonly known as an agreement for a party wall is the end of the process for establishing a party wall.
It is the Party Wall Award itself will define the many diverse provisions and safeguards the property owner must make sure that their contractor adheres to during their work. The award will also make sure that the building adjoining enjoys all the protections is provided by the Party Wall etc Act 1996 gives them.
In essence it is it is the Party Wall Award governs the work that is currently being carried out.
In conformity with the provisions of Section 10 of the Party Wall etc Act 1996 In the event of an issue with the party wall notices to the owner who is adjacent will disobey and nominate a Party Wall Surveyor in London.
It is at this point that Party Wall Surveyor's obligation and statutory responsibility to manage the procedures for the party wall for their appointed owner.
When performing this role The person in charge of the party wall will be impartial and comply to the provisions in the Party Wall etc Act 1996 to ensure that the processes that are outlined in the Act are implemented with fairness and prudence.
In addition, when they make an appointment for this purpose, owners have given their Party Wall Surveyor the legal obligation to discuss matters pertaining with the Party Wall Award on their behalf.
This is the reason why Party Wall Awards are not given to the owners who appointed them prior to their legal process.
If an Party Wall Surveyor was to decide to distribute his or her Party Wall Award with their own appointing owners prior an Awards contract and the service they could be ignoring the provisions of Section 10(17) of the Party Wall etc Act 1996 that states as follows;
The parties in dispute can in the span of 14 days starting with the date on which an award pursuant to this subsection is served to him, file an appeal with the county court to contest the award. The county court could--
(a) Rescind the decision or alter it in any way the court deems appropriate; and
(b) issue such an orders as to the cost of such as the court deems appropriate.
If you are the Party Wall Surveyor did share the Party Wall Award with their appointment owners, the reality is that the owners could be involved in some way or request that is outside that is covered by The Party Wall etc Act 1996's protection.
It would imply that if there were an issue in that Party Wall Award whereby the primary purpose and premise is it is to resolve disputes, the Party Wall Award itself is to resolve disputes.
This is why it is not common to find Party Wall Surveyors to share Party Wall Awards with their appointed owners prior to their Party Wall Award service, because it creates an environment whereby the facilitation of non Act request that fall beyond the scope of Party Wall etc Act 1996. Party Wall etc Act 1996 could affect the validity and legality for this Party Wall Award as a genuine legal document.
According to the Party Wall etc Act 1996 that once it is served, the Party Wall Award has been handed out to the owners the award was served are granted 14 calendar days to examine and, if needed, contest to the Party Wall Award.
The appeal would have to be heard by the courts, and it would be made subject to the condition and knowing that the award was not properly negotiated and therefore invalid.
Owners have a difficult time with this concept because they want an involvement and a unbiased input into the decision making process for Party Wall Award. Party Wall Award.
The most effective method to approach this is to consider to consider that Party Wall Surveyors can often encounter difficult situations in which owners might wish to incorporate specific elements in the Party Wall Award that through the lens in the Party Wall etc Act 1996 could be considered unreasonable, but can also impose unfair restrictions or conditions on the property owner or adjacent owner.
Thus, Party Wall Awards while legal documents will be fairly standard across all areas and only define the parts of the work within the scope that is covered by the Party Wall etc Act.
In light of the fact that the Party Wall Act empowers a Party Wall Surveyor to make these provisions, and the Act requires owners who are appointed by the owners to select a Surveyor with adequate knowledge and experience, it's quite reasonable for the surveyor to draft and sign an Award in behalf of the owners who are appointing them.
Party Wall Surveyors, in the lens of the Act are not required to have any formal qualifications or previous experience for the issue.
It is therefore essential that owners who have been appointed the building owner as well as the adjacent owner, conduct their own study on the Party Wall Surveyor and go through a rigorous selection procedure to ensure they choose the right candidate with the required expertise and qualifications.
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