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Proposed Amendments to the Party Wall Act

Thursday, 22nd June 2017
No Listing | Party Walls

After 20 years, the Party Wall Act was amended in 2016 to allow for the electronic service of documents. Those of you that are familiar with the Act will know that it has more grey areas than a herd of elephants but that was the one amendment that was made. A year later I think I’ve met 2 other surveyors that have embraced this revolution.

It is a favourite pastime of party wall surveyors to discuss ways in which the Party Wall Act could be amended to overcome some of the day to day problems that we face. As I am undoubtedly the best party wall surveyor (you can’t argue with the recipient of the FPWS president’s plate 2016) I thought it only right that I publish my proposed amendments to finally put these discussions to bed:

  1. Any surveyor that refers to their appointing owner as their ‘client’ automatically forfeits their fee.
  2. If an appointed surveyor has their fee reduced following a referral to the Third Surveyor the surveyor pays the Third Surveyor’s fee rather than their appointing owner (this one is so obvious I can’t believe it was not in the original draft of the Act)
  3. If a surveyor shows their appointing owner a copy of the award before it is agreed they are banned from accepting any further appointments (copying an appointing owner in on an email between surveyors is an automatic yellow card offence).
  4. Owners that start work without serving the necessary notices have their planning consent revoked and are barred from applying again for 3 years.
  5. Solicitors are prohibited from commenting on party wall procedures until they confirm they have read and understand this post (I’m happy for it to be hosted on a Government website).
  6. The whole ridiculous notion of Special foundations is removed from the Act and any adjoining owners that have used section 7(4) of the Act to blackmail building owners are forced to make recompense.
  7. Surveyors who forward reams of non-relevant documents to their counterpart are obliged to make a £100 donation to the Trees for Cities charity.
  8. Any surveyor that writes ‘schedule of conditions’ must be reported to the RICS by their counterpart, made to hand write ‘schedule of condition’ (singular) 100 times and forced to send a copy to the president (of the RICS – not Donald Trump).

I feel better now.

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Tina W
Professional but friendly staff assisted me in getting a party wall award sorted with my neighbours. Efficiently completed in time.
Albert Smith
My party wall request was dealt with very quickly and all documents are now in place. Very professional attention and service.
tony besgrove
Our surveyor, James, arrived at the house at the appointed time and was most helpful in explaining the details of the party wall agreement. He later sent the completed document as promised. Most efficient and friendly service throughout.
Claudette “CeeBee” Bradshaw
Rachel Fay
I was put at ease by the professional way In which this survey was conducted I highly recommend Peter Barry All aspects were considered my home Was examined for any potential problems That may be caused by the works being Carried out by the neighbouring property . Photos were skilfully recorded and a Drone was used to take pictures of the roof . Peter Barry Surveyor truly did a fantastic Job acting in a professional manner at all Times . And showing respect for my home And security and I can only prise them , Many Thanks Rachel
Response from the owner:Thank you, Rachel, for your lovely review. We’re really pleased to hear the survey put you at ease and that the team’s thorough approach — including the detailed photos and drone imagery — helped you feel fully protected. Your kind words about the surveyor’s professionalism and respect for your home mean a great deal.
Neyet M
I was a neighbour of someone who wanted to do some changes to their dormer into a full loft conversion. The surveyor sent to review our shared walls was very young professional and helped answer all my questions and concerns. The emails from the firm were very formal, else and they were very reachable by telephone. I didn’t pay as my neighbour was carrying out the works so I can’t comment there. I would consider using this firm for further works personally
Response from the owner:Thank you for sharing your experience. We’re really pleased to hear how well the surveyor supported you throughout your neighbour’s loft‑conversion process.
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