You will only begin to establish how much the party wall job will cost you once notices are served and responded to. This will enable you to determine how many adjoining owners and their respective surveyors will need dealing with. The types of notices to be served include:
The notices must include detailed information about the works, such as drawings, the relevant sections that apply, and a description of what works are being carried out and when, as well as how long the adjoining owner has to respond (usually 14 days).
A Schedule of Condition (SoC) is a report prepared within the built environment that primarily details the condition of a building. The extent of the detail may vary depending on the requirements of the client and the instruction of the schedule, however it will typically include photographs detailing the condition of the element in question and some descriptive information.
The purpose of an SoC is to summarise the condition of an item or of a building, typically at commencement of a lease, contract or prior to party wall works. The SoC provides a benchmark base line against which any future changes in condition can be assessed. This is important as it can be used as piece of forensic data to establish, with reasonable certainty, whether or not any damage may have occurred during the lease or construction period.
The Schedule of Condition is usually carried out by the Building Owner’s Surveyor. They would go into the property and inspect any part of the building(s) or structure that is in their remit (usually parts which are in close proximity to the works). The Surveyor will assess all the relevant elements of the building(s). All of the Surveyor’s findings are then recorded usually in a table. The Schedule of Conditions usually consists of written descriptions of the area, construction and condition and is also normally accompanied by photographic evidence which is cross referenced.
It can be used as a reference tool to support a claim for money introduced by either party to pay as agreed by the surveyors. Ordinarily, it takes 2-3 hours to produce, including inspection and travel. Average prices are typically £500 and may be included in the overall price if you have agreed a fixed fee (ordinarily between the building owner and building owner’s surveyor), though the adjoining owner’s surveyor charges an hourly fee for their attendance.
The building owner’s surveyor will negotiate the fees owed to the adjoining owner’s surveyor. So, the building owner’s surveyor will look at the other surveyor’s timesheet to check for errors and make sure all costs are reasonable. There may be a number of reasons why the building owner’s surveyor is not happy with the adjoining owner’s surveyor’s proposed fees, from exorbitant travel expenses to over-the-top hourly rates for common tasks. If the two surveyors can’t agree, the matter is referred to the Third Surveyor, who determines how much should be paid to the respective surveyor.
If you intend to modify the party wall or the boundary wall around the property during a renovation or construction project, you will have to follow the Party Wall Act 1996. You would have to let the owners of the adjacent buildings know what you plan to do (so they can make any necessary precautions). Depending on the type of project, the law dictates that you must give the neighbours a notice period of one month or two months depending on the works.
After receiving the notice, the owner next door has three choices:
The last two options require a schedule of condition for the adjoining owner’s property and it is done before the construction works commences to prove what state the neighbouring property is in. However, it is advisable to do this for the first option as well. The schedule of condition is issued to both parties, who each have 14 days to dispute any of its contents or findings. Any damage proven to have occurred as a result of the works will need to be compensated for.
Of course, it is not rare for disagreements to arise between surveyors, which is why a Third Surveyor is selected before surveying work commences. If the Two Surveyors can not resolve a dispute, a Third Surveyor will make the final decision.
Although the Building Owner’s Surveyor will negotiate a reasonable fee for the Adjoining Owner’s Surveyor, a number of factors need to be taken into consideration such as:
The hourly fee should be a “going rate” which would either be accepted by the building owner’s surveyor or, if the Two Surveyors can not agree, for the Third Surveyor to determine.
The Adjoining Owner’s Surveyor’s timesheet would typically include the following work:
The time spent should be as needed rather than spending time for the sake of racking up hours. If this is questionable, then the Third Surveyor can review this.
