Party Wall Services

Fairburns Party Wall Services deal with all matters arising under the Party Wall etc. Act 1996 in both residential and commercial property.  I fulfill statutory appointments under section 10(1) of the Act as 'Building Owner's Surveyor', 'Adjoining Owner's Surveyor' or 'Agreed Surveyor'.

I support both Building and Adjoining Owners with advice and services. Please note that once a surveyor is appointed under the Act they have a duty to act impartially. I ensure all party’s rights and obligations are well understood and always seek a fair outcome if an Award is required.

Party Wall Flow Chart: Building Owners

Party Wall Flow Chart: Adjoining Owners

Acting for Building Owners

Roles and responsibilities include:

• Researching, drafting and serving Notices with relevant plans and documents.
• Liaising with all parties and contractors and arranging access and site visits.
• Producing Schedules of Condition of the adjoining owner’s property.
• Drafting a fair Party Wall Award(s) after consultation with all parties.
• Serving the Party Wall Awards on Building and Adjoining Owners.
• Checking off the Schedule of Conditions on completion of works.

Please note under usual circumstances all fees are paid by the Building Owner where the party wall works are solely of their benefit.

Notices from £149 inclusive

Prepare and serve formal Notice/s upon the Adjoining Owner in accordance with the provisions of the Party Wall etc. Act 1996.  We review all plans and documentation and prepare and serve correct and therefore legally valid Notice/s with appropriate plans upon the Adjoining Owners. The fee is £149 for the project review and Notice. Where multiple Notices are required there may be additional fees which will be set at in advance.

By commissioning us to undertake this stage you are demonstrating that you are taking your party wall obligations seriously and that you wish the project to comply with correct procedures. Please note that if Notices do not contain all of the necessary information, or are not properly served, they will be invalid which can create delays and additional costs.

Schedules of Condition from £375 inclusive

Schedules of Condition are detailed photographic and written records of the condition of an Adjoining Owners' property prior to works commencing. This record helps avoid any future disputes over attributable damage and protects both the Building Owner and Adjoining Owner from unfair claims. This report can be offered proactively to reassure Adjoining Owners which may encourage them to consent rather than dissent to proposed works. Fees are from £375/Schedule and reduced in cost where several Schedules are required or form part of an Award/s.

Awards/Agreements from £875 inclusive

I undertake statutory appointments under section 10(1) of the Act to resolve disputes as a 'Building Owner's Surveyor', 'Adjoining Owner's Surveyor' or as an 'Agreed Surveyor' where the Adjoining Owner mutually agrees to the joint appointment. This legally authorises the works and sets out the respective rights and duties of each party in relation to the works being the subject of the Award. Where the notifeable works are not contentious or overly complicated the Agreed Surveyor is a preferred and cost effective route for many Building Owners.

Fees for undertaking Awards is based on a time expended basis and therefore varies depending upon the complexity of projects. However, for project budgeting please allow £875 for our costs as an Agreed Surveyor or Building/Adjoining Owner Surveyor. This is a highly competitive fee rate and may vary from project to project and more detailed estimates and fixed fee quotes can be provided.

Acting for Adjoining Owners

Roles and responsibilities include:

• Reviewing Notices with relevant plans and documents.
• Liaising with all parties and contractors and arranging access and site visits if needed.
• Reviewing or producing Schedules of Condition of the adjoining owner’s property.
• Drafting a fair Party Wall Award(s) in conjunction with the Building Owners surveyor.
• Serving the Party Wall Awards on the Adjoining Owners.
• Checking off the Schedule of Conditions on completion of works.

Please note under usual circumstances all fees are paid by the Building Owner where the party wall works are solely of their benefit. I offer free advice and can  provide additional services from £75-125/hr.

Notices

If you have received a Notice from the Building Owner I can provide advice on how best to respond to ensure your interests our protected.  I accept appointments to review and respond to Notice for Adjoining Owners.

Awards/AGREEMENTS

 If as an Adjoining Owner you have chosen to 'dissent' to the Notice from the Building Owner, and 14 days has expired since you received the notice, the Building Owner will probably request that you appoint a surveyor.  You are now obliged under the Act to appoint a Surveyor by law so that an Award can be drafted and served and failure to do so within 10 days of a request being made may result in the Building Owner appointing a Surveyor of their choosing on your behalf.  At this point the Adjoining Owner has no control over the selection of their Surveyor.

In the event of a dispute, I accept appointments to act as the Adjoining Owner's Surveyor under Section 10(1) of the Act, so that disputes can be settled by way of an Award. The Award details any work related to the party wall and helps to establish how the work will proceed to minimise disturbance to you and your property.

Under usual circumstances all fees are paid by the Building Owner.

Injunctions & Unlawful Works

Are you concerned about your neighbours building works? I provide advice and support to Adjoining Owners you have not been properly notified by the Building Owner in connection with works that should have been the subject of notice under the Party Wall etc. Act 1996. There are legal implications for failure to comply with the Act which could potentially lead to the Adjoining Owner applying for an injunction to be served upon the Building Owner to halt the works in breach of the Act and undertake any necessary remedial works.

Acting as the Agreed Surveyor

Roles and responsibilities include:

• Researching, drafting, reviewing and serving Notices with relevant plans.
• Liaising with all parties and contractors and arranging access and site visits.
• Producing Schedules of Condition of the adjoining owner’s property.
• Drafting a fair Party Wall Award(s) after consultation with all parties.
• Serving the Party Wall Awards on Building and Adjoining Owners.
• Checking off the Schedule of Conditions on completion of works.

If both the Building Owner and Adjoining Owner/s agree to appoint a single surveyor then this role acts as an Agreed Surveyor. This can be cost effective and is commonly agreed where Adjoining Owners may not have substantial issue with any proposed works but wish to protect their interests and be reassured that all processes are properly followed.

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