Categories
Advice FAQ

What is a Schedule of Condition?

In brief, it is a detailed record of the condition of the property that adjoins the building where work is proposed. It is especially focused on areas that may be at risk of damage.

Why is it needed?

It is a protection for you and your neighbour. Consider these scenarios.

  • Bill and Martha have a large area of damp damage appearing on their wall. They believe it is related to the loft conversion their neighbour completed around a month ago. When they were first informed about the work they raised no complaint, after all they have known their neighbour Chris for years. But now Chris is denying causing the damage and refusing to pay for any investigation or repairs.
  • Jack completed the work on his home without any issues. Now though his neighbours are threatening legal action due to a crack in their adjoining wall. Jack is certain the damage was pre-existing. But he has no proof of this and doesn’t know how to resolve this issue.

In both situations, having a detailed report of the adjoining wall prior to any construction being undertaken would have provided evidence to help settle the dispute.

A Schedule of Condition can:

  • Prevent disputes between neighbours
  • Provide legal protection to both the building owner and the adjoining property owner
  • Clarifies responsibilities including documenting areas that need protection during construction
  • Provides peace of mind for all parties involved.
When and how is it prepared?

A surveyor visits the adjoining owner’s property and provides a written report detailing the condition of each relevant area, including any pre-existing damage.

This should be carried out as soon as party wall notice is served and before any construction is undertaken.

Save time, money and stress to all parties by being proactive with organising a Schedule of Condition.

For further information or if you would like Encompass Surveying to act as your appointed surveyor, please complete the contact form on our website.

Categories
FAQ

I’m concerned about my neighbour’s building work, Do I need a Party Wall Surveyor?

Is your neighbour doing work on the wall adjoining yours? Are they wanting to build within 3 metres of your property? Are they building on the boundary of your property? Give us a ring to see if a Party Wall Surveyor will be needed. We offer a free 20-minute consultation.

Categories
FAQ

What do Party Wall Surveyors do?

If you’re planning to carry out construction work that affects a shared wall of structure, you may find yourself in need of a Party Wall Surveyor.

What do they do?

A Party Wall Surveyor is a qualified professional who specializes in resolving disputes that arise under the Party Wall Act. They are an impartial expert, ensuring any work involving the party wall is conducted fairly and legally. Their role includes:

  • Advising property owners about their rights and responsibilities under the Party Wall Act.
  • Determine if party wall notice needs to be served.
  • Serve and respond to party wall notices.
  • Conduct a Schedule of Condition on adjoining properties
  • Prepare a Party Wall Award.
  • Assist with resolving disputes.
Why are Party Wall Surveyors important?

Party wall surveyors play a crucial role in managing the legal and practical aspects of construction work that affects shared structures. Here’s why they are essential:

  • Impartial Expertise: They provide an unbiased perspective, ensuring that both parties’ rights are protected and that the work is carried out fairly.
  • Legal Compliance: They ensure that all procedures comply with the Party Wall Act, reducing the risk of legal disputes.
  • Dispute Resolution: By acting as an intermediary, they can help prevent and resolve conflicts, saving time and money for everyone involved.
  • Peace of Mind: Knowing that a professional is overseeing the process can give both the building owner and the adjoining owner confidence that the work will be conducted properly and any issues will be handled efficiently.
surveying of property services

Encompass Surveying have over 40 years experience in the building and surveying trade. We specialize in all things Party Wall. Use our contact form today to find out how we can support you.

Categories
FAQ

What happens if I do not serve a notice as required under the Act?

The Act carries no fines or penalties but it is possible that the adjoining owner may apply to the court to have an injunction served in order that you will stop work.

Categories
FAQ

Does the Party Wall Act affect me?

DO YOU INTEND TO CARRY OUT WORK WHICH INVOLVES:

  • Work on an existing wall, ceiling or floor structure shared with another property?
  • Building on or at the boundary with another property?
  • Excavating near a neighbouring building or structure?

If so you must find out whether the work falls within the scope of the Act. If it does you must serve the statutory notice on all those defined in the Act as ‘adjoining owners’.  

Determining if a particular building project is within the scope of the Act is often more complex than simply checking the general criteria stated above. Failure to correctly identify the status of your project  could result in the building works being unlawful. If you are in any doubt you should always seek professional advice.