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Party Wall Surveyor Bruce Spenser MSc MCIOB 12 Forburg Rd, London N16 |
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Party Wall Notices, Schedules and Awards from £400. Bruce is a Party Wall Surveyor and is able to advise you on the requirements of the 1996 Party Wall Act. He is able to act as the Party Wall Surveyor for Building Owners and Adjoining Owners or ideally act for both as the Party Wall Agreed Surveyor. His aim is to ensure that Building Owners can expeditiously proceed with their lawful Building Works and that the rights of the Adjoining Owners are recognised and protected - this, after all, is what the Party Wall Act is all about.
Bruce is happy to provide a free consultation at his office prior to being instructed
A Brief
Overview of the Party Wall Act - Bruce Spenser MSc LCGI MCIOB
Fees of
the Party Wall Surveyor
Selecting
your Party Wall Surveyor
Correct
Legal Procedures - Appointment of the Party Wall Surveyor
A Brief Overview of the Party Wall Act - Bruce Spenser MSc LCGI
MCIOB
The Author
- Bruce Spenser is a Master of Science in Building Surveying.
His degree was awarded from the CIOB and RICS accredited Masters
programme of Northumbria University.
History and Background-
As London evolved its present density terraced housing was one
method of increasing the dwellings per acre. Terraced houses all
shared a common wall which came to be known as a party wall. The
gardens on these properties would also share a common boundary
and the separating fence or wall became known as a party fence
wall
Common Law-
Under common law there are rights which can be exercised as long
as the responsibilities (reciprocal duties) owed are also
exercised - this can be thought of as a set of scales which need
to be balanced. The person who wishes to exercise Party Wall
rights is known as the building owner and the the co-owners are
known as the adjoining owners. Under common law the remedy to
works which are carried out unlawfully is damages - putting the
adjoining owner in the position they would have been prior to
the unlawful act - this is generally recompensed by a financial
payment, however positive or negative court orders such as
injunctions etc can be made.
Statutes-
Various statutes were enacted such as the London Acts in order
to regulate the emerging needs of Party wall owners based on the
head of emerging party wall case law until in 1996 The Party
Wall Act was enacted.
The term party wall surveyor
is defined in the Act as any person who is not a party to the
works. In the view of the author the Party Wall Surveyor should
have a thorough knowledge of law, construction and party wall
procedures - it would be quite ridiculous to appoint, as a party
wall surveyor, a lay person and in the view of the author the
Party Wall Surveyor should have a minimum of a BSc in Building
Surveying and be a member of the CIOB, RICS, RIBA, ABE, ISE etc.
They should also have in place full professional indemnity
insurance where their party wall work is declared.
Fees of the Party Wall Suveyor-It
is appropriate at this stage to look to the fees of a party wall
surveyor who is qualified as the author considers. The author,
obviously deals with many other party wall surveyors and
considers the average fee for works such as basement
conversions, loft extensions, inserting steels into party wall,
extensions alongside or on party fence walls, adjacent
excavations etc, where there is one adjoining owner who is happy
for the work to proceed as long as his interests are protected
and based on the Party Wall Surveyor providing the following
professional services:
· Advice
· Site Visit
· Serving of notices
· Schedule of Conditions
· Award
Should be in the region of £1000 for the Building Owner’s
surveyor and £1450 for the Adjoining Owner’s surveyor. However
as in all industries there are extremes and the buyer should
beware!!!! The term, "caveat emptor" comes to mind. The hourly
charge of surveyors swings between £300 and £100 at the extremes
and the average for the Adjoining Owner is £175 per hour
(research Spenser 2011) - the Building Owner's Surveyor will
generally be lower as they generally tender under market rates
to secure the work. There is one case law where the judge
determined that £160 per hour (2007) was not an unreasonable
fee.
Selecting your Party Wall Surveyor-
The first thing that should happen when you are considering
having any work carried out which is subject to the Party Wall
Act is for you to contact a Party Wall Surveyor and get from
them an offer of professional services with prices attached and
try to pin them down to a fixed fee. They should be able to
advise you over the phone and then send you, by email, their
offer. Compare the offer with other Party Wall Surveyors and
talk to your architect and friends, neighbours and colleagues
who have used party wall surveyors - you should be looking for
experience, qualifications, professional membership,
professional indemnity insurance, cost and an underlying ethical
and moral code which in the author’s experience can be had for
approximately £100 per hour - why pay more??
Correct Legal Procedures - Appointment
of the Party Wall Surveyor-
Your chosen party wall surveyor should produce a legal document
of appointment. Once you have correctly appointed your party
wall surveyor he should visit site and receive all documentation
etc. Your Party Wall Surveyor should then advise you of the
Party Wall Notices to be submitted and the timescales involved.
Your Party Wall Surveyor should serve the Party Wall Notices
with a reassuring and professional covering letter to all
adjoining owners.
The Adjoining ownersthen
have a number of options, to do nothing, to agree to your party
wall surveyor as the agreed surveyor or to appoint their own
Party Wall Surveyor. If they appoint their own party wall
surveyor, or if your party wall surveyor exercise the legal
option available to appoint a party wall surveyor on their
behalf, there will be two party wall surveyors - these two party
wall surveyor should primarily check each other’s credential and
authority to act and then should immediately agree a third
surveyor.
Schedule of Conditions-
Each adjoining Owner’s buildings should be surveyed and a
professional and thorough schedule of conditions should be
produced by both Surveyors. This ensures that there is a record
of the Adjoining Owner’s properties before the works affecting
the Party Walls
The Award-
This legal document will be drawn up and agreed by the two
Surveyors which will determine how the works will be carried
out.
Final Inspection and Report-
The Surveyor (s) will carry out an inspection after the
completion of the works and make a report which will include
reference to the Building Control Completion Certificate
The Party Wall Act came into being in
1996, however it stands on the shoulders of over a hundred years
of Party Wall case law and statute. Some common case law is
listed below:
·
Correct Method of appeal
against Party Wall Awards and decisions of Party Wall Surveyors
- Zissis v Lukomski & Carter (2006) - Part 52 is the correct
method of appeal
·
Noise, dust, dirt etc
whilst carrying out works subject to the Party Wall Act - The
reasonableness of such - Andrea v Selfridge (1938) - Be
reasonable - the author thinks of the doctrine of the reasonable
man
·
Serving of Notices,
by whom and who they should be served upon, what should be in
the notice, when they notices should be served, time limits,
separation of the good from the bad of a party wall Award,
Validity of awards - this is spelt out within the act and there
is much case law
·
Common law liability stands-
Louis v Sadiqi 1997 - If the act is not complied with
·
Duty to weather a party wall-
Marchant V Capital (1983) - after demolition and also imposition
of continual obligations- also contained within the 1996 Party
Wall Act
·
Obligation imposed by party wall
awards-
Mason v Fulham (1910) do not carry on after the sale of a
property
·
The Jurisdiction of the party Wall
Surveyors
are covered in much case law - notably Stone V Hastie (1903)
·
Legal Costs Incurred-Reeves
v Blake covers the legal costs incurred and the Party Wall
Surveyor’s ability or non ability to award or adjudicate on them
- very interesting this one
·
Compensation-
Crowley v Rushmoore -
·
Usurping of common law rights
by the Party Wall Statute - Louis V Sadiq - LJ Evans |
A brief chronology of the history of Party Wall Legislation and some interesting Case Law: 1212 – Thatched roofs banned after a major fire 1666 – Great Fire of London 1667 – London Building Act – introduction of Surveyors 1707 – 1709 London Building Acts London Building Acts – modeled throughout country 1844 – Metropolitan Building Act 1854 – Common Law Procedures – the three surveyor tribunal 1855 – Metropolitan Building Act – definition and rights of owners 1858 – Public Health Act 1858 – Local Government Act - Deposit of Plans and Drawings 1863 – Cowen v Phillips – Adjoining Owner once contracted to purchase 1870 – Thompson v Hill – definition of adjoining owner 1873 – Weston v Arnold – Ousting is not on 1873 – Watson v Arnold – the type B party wall 1875 – Public Health act – DPCs, the structure of buildings, ensuring stability and prevention of fires, the drainage and provision of air space around buildings, to ensure health considerations Model By Laws consolidate Building Control 1878 – Bank of S America v Stokes – Suspension of common law rights 1879 – Knight v Pursell - Rights 1880 – Watson v Gray – The four definitions of the party wall 1883 – Hughes v Percival – Reciprocal duties – duty of care, duty to avoid nuisance, duty to minimise impact, a supervised workforce, expeditious undertaking, 1890 – Williams v Ball – the type a Party Wall 1894 – London Building Act 1905 – Model Bye Laws extended by parliament 1907 – Bennett v Harrods – The Party Wall Award and its construction 1908 – Jones v Pritchard – use of flue passing through AOs property 1915 – Hobbs etc v Grover – sufficiency of party wall notices 1917 – Selby v Whitebread – the party wall surveyors are charged with facilitating the building owner’s rights and safeguarding the interests of the building owner via Award and Schedule of Condtions 1917 – Selby v Whitebread – addendum awards 1925 – Law of Property Act – severed party walls vertically, fabric and construction rights 1925 – Public Health Act 1936 – Public Health Act – British Standards as compliance indicator, Singe Model – voluntary (adoptive) not mandatory 1930 – London Building Act Contains the first party wall act 1939 – London Building Act – contains the amended party wall act 1940 - Bond v Nottingham – Easements but with no obligation to maintain 1945 – Water Act 1959 – Rights of light 1959 – Town and country planning 1961 – Public Health Act 1965/1966 – Building Regulations – mandatory (paid out of rates) – Repealed local acts and gave power to minister to make building regs 1983 – Marchant v Capital – A properly constituted party wall tribunal’s award will not be interfered with by the courts 1984 – The Building Act – consolidated 1993 – Lehmann v Herman – all owners must serve notices 1996 – Party Wall Act – the suspension of common law rights 1997 Louis v Sadiq – Lawful works avoid liabilities 2000 etc – Building Regulations 2001 – Rees v Skerett – weathering 2001 – Gyle Thompson v Wall St Properties – legal constitution of tribunal (the two surveyors) 2010 - Kaye v Lawrence - Don't place your trust in Thesbians bearing gifts 2011 - Jones v Kanney - Dont become a party wall surveyor unless you know what you are doing
Areas covered: A 7 mile radius centred on N16 which includes:
A BRIEF CHRONOLOGY OF BUILDING REGULATIONS LONDON 1212 – Thatched roofs banned after a major fire 1666 – Great Fire of London 1667 – London Building Act – introduction of Surveyors 1707 – 1709 London Building Acts London Building Acts – modelled throughout country 1844 – Metropolitan Building Act 1858 – Public Health Act 1858 – Local Government Act - Deposit of Plans and Drawings 1875 – Public Health act – DPCs, the structure of buildings, ensuring stability and prevention of fires, the drainage and provision of air space around buildings, to ensure health considerations Model By Laws consolidate Building Control 1905 – Model Bye Laws extended by parliament 1925 – Public Health Act 1936 – Public Health Act – British Standards as compliance indicator, Singe Model – voluntary (adoptive) not mandatory 1930 – London Building Act Contains the first party wall act 1939 – London Building Act – contains the amended party wall act 1945 – Water Act 1959 – Rights of light 1959 – Town and country planning 1961 – Public Health Act 1965/1966 – Building Regulations – mandatory (paid out of rates) – Repealed local acts and gave power to minister to make building regs 1984 – The Building Act – consolidated 1996 – Party Wall Act 2000 etc – Building Regulations |