There is a professional consultant for everything in the building industry, I do question some consultant roles, I remember once having lunch with a Zen consultant and she was explaining to me about Zen and Vibes, I found the subject interesting if I am honest but I did not feel the energy he was promoting and the Zen in your project, plus there fee is £5,000 to bring Zen into your project.

Party wall legislation is a great statute that government brought in, sorry just clearing my throat and enacted into law in 1997 and is what I would describe as good legislation as prior to this it was like anarchy and the wild west in regards to damage and claims caused to adjoining properties and indeed frivolous claims being made against people developing their own homes/buildings without causing any damage to adjoining properties but still manage to bag a claim against them.

The principal is simple, undertake your works but don’t damage my property, that being said, this has now become very complex as typical of government legislation, they create legislation written by lawyers and professionals and then people seeking to apply them need to try and interpret the legislation.

Just as a side note and I often see this word in Law, where words like reasonable is inserted is a very unfair legal definition to use, as reasonable to one maybe unreasonable to another, that’s me moaning, enough of that Brad, back to Party Walls.

The one issue I have with this act, is the abuse by neighbours whom expect you to improve there property and take advantage of the opportunity, may it be better foundations to there property, new paving, new fencing, new landscaping, thermal improvements etc to name a few however, you MUST if a party wall issue is identified, appoint a party wall surveyor.

I have dealt with projects in the past with the once most friendliest of neighbours, and verbal agreements are made for the neighbours only to fall out during the project or even post the project for a variety of reasons, and it’s because it becomes a real problem when you actually on site.

I recall a small project which involved a boundary garden wall, which is a 215mm wide wall, approximately 5 metres long, about 1200mm high, this lead to an insurance claim by the neighbour of just over £17,000.00. There was no party wall agreement in place however, the neighbour claimed under the party wall act, just shows how messy things can get.

Let me explain about party wall surveyors do and also things to consider, this is not an exhaustive list but I think I have written down as much as I can at this juncture;

A party wall surveyor is a professional who can help you resolve any disputes or issues related to party walls, boundary walls and excavations near neighbouring buildings. If you are planning to carry out any work that falls under the Party Wall etc. Act 1996, you should consider the following factors when appointing a party wall surveyor:

– The surveyor should be a member of a reputable professional organisation, such as the Faculty of Party Wall Surveyors or the Royal Institution of Chartered Surveyors, which promote high standards of conduct and expertise in party wall matters.

– The surveyor should have relevant experience and knowledge in administering the Act and dealing with different types of party wall situations and scenarios.

– The surveyor should be impartial and independent, and not have any personal or financial interest in the outcome of the dispute. You cannot act as your own surveyor.

– The surveyor should be able to communicate effectively and clearly with you and the other parties involved, and provide you with a written party wall award that outlines the agreed terms and conditions of the work.

– The surveyor should charge reasonable and transparent fees for their services, and provide you with a breakdown of the costs and how they are calculated.

You can appoint a surveyor together with the adjoining owner or owners, or each appoint your own surveyor. The surveyors will then agree on a third surveyor to act as an arbitrator in case of any disputes. Alternatively, you can appoint a single agreed surveyor to act for both parties, which may save time and money, but you should only do this if you trust the surveyor and the other party agrees

I am now off to cook cottage pie.

Warm regards

Brad

I don’t really have a joke about Party Wall Surveyors, so I called one and asked him if he had any jokes and this is what his joke was “I got a job at a paperless office.

Everything was great until I needed to use the bathroom”