More Information on The Party Wall Act
The Party Wall etc Act 1996 ("the Act"), came into force on 1 July 1997 and applies throughout England and Wales. It provides a framework for preventing and resolving disputes in relation to party walls (walls and floors separating properties) boundary walls and excavations near neighbouring buildings. It is based on some tried and tested provisions of the London Building Acts, which applied in inner London for many decades before the Act came into force.
The Party Wall etc Act 1996 ("the Act"), came into force on 1 July 1997 and applies throughout England and Wales. It provides a framework for preventing and resolving disputes in relation to party walls (walls and floors separating properties) boundary walls and excavations near neighbouring buildings. It is based on some tried and tested provisions of the London Building Acts, which applied in inner London for many decades before the Act came into force.
Unfortunately the Act does not require a "party wall surveyor" to have a property qualification or be regulated by a professional body; therefore, unqualified people masquerading as party wall surveyors find themselves appointed by unknowing members of the public. Without detailed construction knowledge or training unqualified surveyors are not able to safeguard an appointing owners interests and often produce awards for inapropriate work which will/has caused property damage and/or cause invalid disputes resulting in wasted costs for building and adjoining owners. Much of our work is from owner and solicitor referrals for rectifying a mess caused by unqualified party wall surveyors. To make matters worse some companies have set up and with only a few hours training, people can have letters after their name and call themselves party wall surveyors.
The collapse of buildings is not uncommon. An example was reported recently at a property in Chelsea
Chartered Building Surveyors are nationally recognised as experts in property and are the gold standard for party wall matters. To become Chartered a surveyor will ordinarily have obtained 3 or 4 year Building Surveying degree and then must complete the RICS Assessment of Professional Competence. This includes proof of practical training over a minimum 24 month, hours of reading, a written submission setting out experience gained and then a 60 minute assessment interview to test their knowledge and experience (the pass rate is usually just 60%). A Chartered Surveyor is identified by letters MRICS as a member (not to be confused with AssocRICS). A small number of Chartered surveyors demonstrate individual professional achievements of excellence and stand out in the eyes of their peers, of business and of the public and become an RICS Fellow (FRICS).
Our party wall matters are undertaken by Andrew who has a Class 2:1 Honours Building surveying Degree, and is a Fellow of the Royal Institution of Chartered Surveyors (FRICS) and Fellow of the Chartered Association of Building Engineers (C.Build E FCABE) with over 25 years experience in party wall mattters.
We provide a bespoke and professional service for the party undertaking the work (building owner), the affected neighbour (adjoining owner) and act as third surveyor (arbiter) for two surveyors or as expert witness in court for either owner.
Gaining Planning permission or complying with Building Regulations does not remove the need to comply with the Act where it is applicable.