Party wall legislation has existed in London for over 300 years. It concluded in the London Building Acts 1939 and was very popular with surveyors and property owners in the old county of London. Many people outside of London expressed a wish to share the benefits of this legislation and so in 1996 a bill to extend party wall law was put in place for the whole of England and Wales.
This Act provides owners of buildings certain new rights and obligations to other owners in relation to party walls and similar structures. At the same time it provides a framework for a disciplined approach to exercising these rights. The Act makes provision in respect to party walls, excavation and construction in proximity to certain buildings or structures and for connected purposes.
In practice, a party wall is a more general term to describe any form of separating wall between terraced or semi detached properties, or an external boundary wall that separates plots of land owned by different parties. In either case, the term indicates that the wall is not exclusively owned and controlled by one party. Instead, the parties on either side of the wall each have an interest in its continued existence and any future changes that made be made to it, ie. such as building work.
As a Chartered Building Surveyor I am ideally placed to help you facilitate this important item of legislation that has to be concluded prior to commencement of the building works. The Act itself gives the right for anyone to call themselves a Party Wall Surveyor providing that they are not a party to the matter itself. However, I have very considerable experience in building work and am ideally placed for all party wall matters arising.
The primary duty of a Party Wall Surveyor is to resolve any disputes between the owners, ie. of the building where the proposed work is to take place, or and adjoining one. When a dispute arises, the Surveyors are appointed to resolve the dispute and draw up a document of agreement called an Award and then to serve it on both parties. The Award will detail the work that is to be undertaken, when and how it is to be done, and usually records the condition of the adjoining owner’s property before the work begins.
My building survey will draw to your attention the degree of seriousness, or not, in order for you to make a considered judgment on your purchase. Following my survey, there is a good chance of the re-negotiation of the price that you are intending to pay for the property. However, very few Victorian terraced properties of this age are without defects. My report will positively identify and suggest costs to rectify any historic defects. I will also be able to offer advice on costs associated with modernisation and alterations if required.
I will inspect all accessible parts of the property and provide a diagnosis of defects encountered and advice on your future maintenance liability. Very often, owners of property give maintenance a low priority. The property that you are considering buying may well have had anything in the region of 10-20 previous owners during its lifespan. Not many owners undertake regular planned maintenance of the property thus avoiding future, larger and unexpected expenses. Updating maintenance is the most cost effective way to stay on top of the minor repairs needed to maintain the value of your property. If you buy a property and then keep it for say 5-7 years, you will want to sell it for its maximum prospective value. The valuation that will take place by the estate agent will partially be as a result of the existing condition at the point of resale.
The whole idea of a pre-acquisition building survey is to provide you, the purchaser, with the detailed technical information of the property condition to allow you a judgement of the purchase price that you intend to pay.
