How Far Can Party Wall Surveyors Go To Protect Adjoining Owners (Part 2)?

This is a follow up to a post I uploaded last week analysing the main concerns expressed by adjoining owners who have recently received a party wall notice and how far party wall surveyors can go in alleviating those concerns.

It is well established that the role of a surveyor appointed under the Act is a quasi-judicial one and, like a judge, they must remain impartial when administering the Act. However, that does not prevent owners from making representations and they should be encouraged to do so. Sometimes, an adjoining owner will raise an issue that has the potential to cause unnecessary inconvenience that their surveyor may not be aware of.

In this follow up post, I’m going to cover the remainder of the top 10 concerns expressed by adjoining owners to our new business team during the course of last month.

Access

The Act provides a right of access where such is necessary to undertake notified works but having builders in your garden is no fun for adjoining owners. However, there is plenty that party wall surveyors can do to limit the inconvenience.

If the access is at ground level, say to construct a new wall at the boundary, it will be necessary to remove the existing boundary fence, at least temporarily. The party wall award should state that, as soon as that fence comes down, a temporary hoarding should be erected in its place. That will ensure that the adjoining owner’s garden can continue to be used, including by small children and pets, during the works. The components of the removed fence should be carefully stored if it is being reinstated.

The surveyors will typically include safeguards in the award to reduce the risk of damage within the area of access. This might include temporarily potting up small plants or pruning and tying back larger shrubs. If there is paving within the area of access, it should be protected with plywood laid over thick polythene to prevent staining.

For access at upper levels, it tends to be a case of protecting roof coverings, spreading the load if it is necessary for the contractor to stand on the surface of the roof and ensuring that any debris is removed, and surfaces washed down, upon completion.

The duration of access and security are discussed separately below.

Risk of damage

The risk of damage from the works is a very common concern of adjoining owners.

The Act includes an obligation on the building owner to either make good damage or pay compensation and this should be reiterated in the party wall award. However, to reduce the risk of the adjoining owner having to have builders in to execute a repair or to gather quotes, the surveyor(s) should include all reasonable safeguards in the award.

It’s difficult to discuss those safeguards in detail, as they depend upon the nature of the works, but we can look at a couple of typical examples.

Excavating a typical 1.0m deep trench to accommodate the foundation to a residential extension is not generally considered high risk. The exception is if that trench runs adjacent and parallel to a shared or adjoining structure.  In that scenario, the surveyors should include a provision for it to be excavated sequentially (meaning in short hit and miss sections) to reduce the risk of ground movement.

Cutting pockets into party walls to house beams is almost always necessary as part of a loft conversion. This is one of those jobs that can be done without causing damage to the opposite side of the wall but, whether it is or not, depends on how experienced the contractor is. The surveyor(s) can ensure that they are on the right track by including clauses in the award prohibiting the use of percussive tools and ensuring that the pocket is no deeper than half the total thickness of the wall (where there is a natural break in the bond).

Security

Security is another issue that is difficult for appointed surveyors to cover in detail as we only have jurisdiction over some of the works.

So, while we can, and will, require an owner to erect a hoarding as soon as a section of fence is removed to make way for a new wall at the boundary, there might be a panel missing further along the boundary which we can do nothing about (or at least not officially, we will always suggest to the building owner that they keep the boundary secure for reasons of  safety and security).

If a scaffold has been erected to undertake notified works, or overhangs the adjoining property, it should not make that property any less secure. This can generally be achieved by ensuring that ladders are made inaccessible when not in use. If the situation warrants it, the surveyor(s) can go further and request that the scaffolding is encapsulated with sheeting or even alarmed (although scaffold alarms can quickly become a nuisance).

Duration of the works/Works left unfinished

Every party wall award will include a clause like this (which echoes section 7(1) of the Act):

[The building owner shall] carry out the works taking all reasonable steps to avoid unnecessary inconvenience to the adjoining owner or occupiers.

However, anyone who’s ever watched a TV show about building work knows how difficult it is to predict timescales and, for that reason, party wall surveyors try to avoid doing so. There’s also the complication that only part of the overall work will fall withing the scope of the Act (and therefore within the jurisdiction of the surveyors).

The aspect of the work that has the greatest potential for inconvenience is any access over the adjoining property. As that access is a right under the Act, and therefore wholly within the jurisdiction of the surveyors, they may include a timescale within the award. That’s even more likely if that access has practical consequences, such as blocking a side access path to the adjoining property.

Any timescale remains an expectation and may have to be revised, either by agreement between the owners of a further determination by the surveyors, if there are genuine delays (such as extreme weather, material shortages etc.).

Although unfinished work may be unsightly for the adjoining owners, appointed surveyors can only become involved if there are practical consequences. Examples include temporary arrangements, such as weathering or propping remaining in place for longer than intended, a party fence wall not being re-built or a party wall being left partially underpinned.  If any such scenario is likely to arise, the adjoining owner might consider requesting security for expenses.

Vans etc. blocking drives

Although this issue is beyond the remit of an appointed party wall surveyor, as it relates to the general works rather that specifically to the works falling within the scope of the Act, I decided to include it, and offer some general advice, as it comes up so frequently.

Adjoining owners seem to pursue one of two approaches when faced with building works next door, take an interest in how the works are proceeding and develop a rapport with the contractor or keep their distance and complain, sometimes quote forcefully, when an issue arises. The carrot undoubtedly works better than the stick. If a contractor is on good terms with the neighbours, they will go out of their way to avoid annoying them, such as by blocking their drive, and will generally endeavour to resolve problems promptly when they do arise.

When an issue does arise, politely bringing it to the building owner’s or contractor’s attention will bring the best results. Nobody likes to be told off!

I’ll finish this post by reminding owners that, where the parties appoint their own surveyor, everything in the party wall award must be agreed between the surveyors (or determined by the Third Surveyor). This system should ensure that a reasonable balance between ensuring that the building owner can exercise their rights while not unnecessarily inconvenience the adjoining owner is achieved. That does of course also mean that neither owner is likely to get everything they want.

If you require advice on how the Act protects adjoining owners, or any party wall related matter, you are welcome to contact us on 020 7183 2578 or via email.