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Party wall agreement
03-08-2014, 08:05 AM
Post: #1
Party wall agreement
I have been asked to build a small leanto extension for a client,This involves demolishing an existing leanto out house and building a new
habitable room, the new works abut a party wall which was I think a garden wall, which is shared between my client and their next door neighbour,who has erected a conservatory, the next door neighbour has asked for a party wall agreement as is their right. the partywall surveyor has issued an award and on the whole I have no problem with it, Where I do have a concern the party wall surveyor has issued a schedule of conditions with one exterior photograph showing the neighbours conservatory attached to the above mentioned party wall,
but in his written list of conditions he states I will be responsible for
the neighbours internal fixtures and fittings in the conservatory.
In my opinion the condition of the interior fixtures and fittings should also have a before and after record agreed by both parties as any damage could be misrepresented on completion of the works and I have no record of the same.
Is this a reasonable request from the party wall surveyor,many thanks in anticipation
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03-08-2014, 10:06 PM (This post was last modified: 03-08-2014 10:09 PM by localsurveyors.)
Post: #2
RE: Party wall agreement
Absolutely correct and that is the reason for a schedule of condition. Take as many photos to prevent any misrepresentation. localsurveyors
Party Wall Award

The Party Wall etc. Act 1996 came in to force on 1st July 1997 and governs the procedure and legal protocol to be followed in the carrying out of any works falling under the Act throughout England & Wales. The Party Wall etc. Act 1996 applies to all 'notifiable' works in both residential and commercial property and includes:
• Works to build a new wall at the line of junction (where not already built upon)
• Works to a Party Wall
• Works to a Party Fence Wall
• Adjacent Excavations - foundation excavations within 3 metres of a neighbouring property, or within 6 metres if the proposed foundations will break a 45 degree line taken from the base of the Adjoining Owner’s foundations.

What is a Party Wall?
In simple terms, a wall that divides two properties in separate ownership. A Party Wall may be built astride the boundary, and is thus partly on the land of each owner (Type 'A'); or it may sit entirely on the land of one owner, but still separates the two properties (Type 'B'). A Party Wall is therefore in shared ownership; this means that certain works, deemed to be 'notifiable' under the Act, will require the Building Owner's service of prior notice upon the Adjoining Owner before works may start. The Act details the requisite notice periods applicable in each situation. In the event of a 'dispute' in response to the notice(s), the parties must either each appoint their own Surveyor, or concur in the appointment of a single Agreed Surveyor in accordance with Section 10 of the Act. The purpose of this appointment is the resolution of the dispute by way of a Party Wall Award.

What is a Party Wall Award?
A Party Wall Award (often incorrectly called a Party Wall Agreement) is a legally binding document drafted and served by the appointed Surveyors, or Agreed Surveyor, to resolve the dispute between the parties. This sets out the nature of the proposed works, together with details as to who is responsible for the cost of the works and any associated fees. The Award will usually contain a Schedule of Condition to evidence the condition of the Adjoining Owner’s property prior to commencement of any works; this may be needed for later referral in determining the extent of any damage claimed by the Adjoining Owner to be a direct result of the awarded works. The Award will usually also state which party is responsible for implementing any remedial works in the event of resultant damage.
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04-08-2014, 06:49 PM
Post: #3
RE: Party wall agreement
Just a note & a query
Note
It is best practice but there is no requirement in law for a schedule of condition. So the award can stand without a schedule .
Query
Presumably the "party wall surveyor" has been appointed in writing by both parties as the "Agreed Surveyor" if not there should be two surveyors. If no appointments have been properly made in writing then the Award is not legal and has no effect.
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