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Property Surveying Blog
Written by Bradley Mackenzie

In this blog post we will be looking at some typical Party Wall questions we have been asked over the past couple of months.

The aim of the blog is to hopefully clarify some of the more common questions we are asked here at Berry Lodge Surveyors.

If you have a specific Party Wall question why not call our Party Wall team now and one of our experienced Party Wall Surveyors will be happy to help.

Do you act in the best interests of the Adjoining Owner if I decided to appoint you as my Party Wall Chartered Surveyor?

The Party Wall Surveyors, both the building owner’s and the adjoining owner’s, will always act impartially. However my role as your appointed surveyor will be to ensure the risks to your property are at an absolute minimum.

Are all costs met by the Building Owner? 

Yes, the building owner is responsible for the surveyor’s reasonable costs.

I do not wish for the building owner to remove the boundary fence. Is it possible to refuse this?

Under some Sections of the Party Wall etc Act 1996, the building owner would have the right to remove the fence, subject to strenuous protective measures being followed.

Is your neighbour undertaking Party Wall Works? Call us NOW!

Is your neighbour undertaking Party Wall Works? Call us NOW!

Can I refuse the building owner the right to touch or remove my boundary fence to avoid encroachment and trespass onto my side?

Unfortunately not, the Party Wall etc Act 1996 actually gives the building owner the legal right remove the fence and gain access onto your land during the course of the works.

Does a Schedule of Condition Report in an Adjoining Owner’s property, involve Surveying the immediate vicinity, that is, the garden & basement & ground floor only or my whole house?

We would generally look at all areas within 3m of the proposed work.  In this case that would likely mean the ground and first floor internal parts towards the rear of the property and externally, the rear elevation of the property, the ground and garden to the rear.

The proposed works in this case were a single storey rear extension

Do you act in my interests with assisting me to draw up a Party Wall Award, to include my concerns and protect my position?

It would be the role of the surveyors to agree the awards on behalf of the owners, therefore that would be your appointed surveyor’s key role. The award would protect all aspects of your property.

There are specific and strict criteria and measures that the Planning Office put into place for the building owner to follow during the course of the proposed works. Are you able to assist me in ensuring these are met?

Unfortunately not, the Party Wall etc Act 1996 doesn’t enable a Party Wall Surveyor to act outside of their remit, unfortunately planning issues fall into that category.

Can you recommend that the proposed rear extension is built at least 1 or 2 ft away from the boundary line?

Unfortunately not, Section 1(5) of the Act allows a building owner to build the wall up to the line of junction.

Here at Berry Lodge Surveyors we regularly answer questions and we offer a free RICS 30 minute question and answer service.

If you have a Party Wall Question and want to speak to an impartial and experienced Party Wall Surveyor, call our Party Wall team now and we will be happy to assist.