When it comes to property ownership and construction, disputes between neighbours can often arise. These disputes may involve party walls, which are walls that are shared between two adjoining properties. To help manage and resolve such conflicts, the role of a party wall surveyor becomes essential. In this blog post, we will delve into the duties and responsibilities of a party wall surveyor.
Definition and Background
A party wall surveyor is a qualified professional who specializes in party wall matters. Their primary responsibility is to act as an impartial third party appointed to oversee and facilitate the resolution of disputes between property owners regarding party walls. The concept of party walls and the appointment of party wall surveyors are governed by the Party Wall etc. Act 1996 in the United Kingdom, which sets out the legal framework for party wall matters.
Duties and Responsibilities:
- Providing Expert Advice: One of the critical responsibilities of a party wall surveyor is to provide expert advice to property owners. They have an in-depth understanding of the Party Wall Act and its associated regulations, enabling them to interpret and explain the legislation to the parties involved. They can advise on the rights and obligations of property owners, the necessary steps to be taken, and the potential implications of proposed works on party walls.
- Serving Notices: When a property owner intends to carry out works that may affect a party wall, they must serve a notice to the adjoining owner. The party wall surveyor plays a crucial role in this process by assisting the building owner in preparing the required notice and ensuring its proper service. This helps to establish clear communication between the parties and ensures compliance with legal obligations.
- Preparing Party Wall Awards: If a dispute arises and the parties cannot reach an agreement, the party wall surveyor may need to prepare a Party Wall Award (also known as a party wall agreement or party wall award). This legally binding document sets out the rights and responsibilities of each party, including details of the proposed works, access arrangements, and the resolution of any disputes that may arise during the construction process.
- Inspections and Documentation: A party wall surveyor conducts thorough inspections of the properties involved to assess the condition of the party wall and surrounding structures. They document their findings through detailed reports, photographs, and drawings. These records serve as crucial evidence in case of any disputes or claims for damages that may arise due to the construction works.
- Resolving Disputes: Should a disagreement occur between the building owner and the adjoining owner, the party wall surveyor acts as a mediator to resolve the dispute in a fair and impartial manner. They facilitate discussions between the parties, provide expert advice on reaching a compromise, and, if necessary, make binding decisions on contentious matters.
Conclusion:
In the realm of property ownership, the presence of party walls can lead to disputes between neighbours. Party wall surveyors play a vital role in mitigating these conflicts by ensuring compliance with the Party Wall Act, the Party Wall Surveyor in North London has to serve a few responsibilities. You can expect the surveyor to provide you with expert advice, serve important notices, prepare awards for party walls, conduct inspections when necessary, and resolve disputes. Their expertise and impartiality help safeguard the rights of both property owners and contribute to the smooth progress of construction projects while maintaining good neighbourly relationships. By understanding the duties and responsibilities of party wall surveyors, property owners can navigate party wall matters more effectively and protect their interests.
