Party Wall Surveyors in Kensington
In a shopping district like Kensington, where many large-scale projects occur, disputes over party walls eventually arise. Settle disagreements and reach an amicable decision with the help of experienced party wall surveyors in Kensington.
What Is a Party Wall?
Under Section 20 of the Party Wall etc. Act 1996, a party wall is a structure that stands on the lands of two (or more) owners and forms part of a building or a party fence wall.
A party fence wall separates the land of adjoining owners and is used for demarcation or protection, for instance, a masonry wall. Hedges and wooden fences are not considered party fence walls.
If a wall is on one landowner’s property but utilised by two or more people to divide their buildings, it is also considered a party wall.
When Is a Party Wall Notice Served?
Property owners who wish to carry out party wall works must notify any affected neighbours in writing at least two months before the construction or renovation. Construction work includes but is not limited to:
- Building a party wall or party fence wall
- Excavating near an existing party boundary structure
- Substantial renovation within 3 metres of an adjoining property
- Inserting new beams, joists or any other form of support into party walls
Three types of notices must be served, depending on the type of building work you intend to carry out:
- Line of Junction – at least one month’s notice
- Notice of Adjacent Excavation – at least two months’ notice
- Party Structure Notice – at least two months’ notice
How Can an Adjoining Property Owner Respond?
A neighbouring property owner can either accept or decline a party wall notice in the following ways:
Consenting to the Construction Work
In this scenario, the neighbouring party agrees to the construction work and acknowledges that the party wall notice was served per the Party Wall Act. A Schedule of Conditions may be arranged before the works, outlining the property’s condition.
The property owner will be free to commence construction works anytime once consent has been granted.
Objecting to the Construction Work
If an adjoining party objects to the party wall notice, the property owner wishing to carry out the work must appoint a surveyor. The party wall surveyor acts as an impartial expert and resolves the dispute.
They will also assess how the proposed construction work affects the other party and whether or not it is reasonable.
Both property owners will receive a Party Wall Award, outlining the initiating party’s rights and responsibilities in relation to the party wall.
Agreeing on a Party Wall Surveyor
Similar to the second option, the property owners will agree on a party wall surveyor. This individual will assume all decision-making on behalf of both parties.
Note that the instigating party shoulders all expenses related to surveyor fees, notice costs and associated materials. Contact our Kensington party wall surveyors for the next best steps.
Who We Serve
Building Owners
Hamilton Darcey LLP eliminates party wall disputes swiftly and efficiently. Our party wall surveyors offer advice on design and construction proposals, providing both owners with the best possible outcomes.
We also handle the timely issuing, serving and handling of party wall notices and awards. Notices are served within one to two months, depending on the construction works. Note that complex works may require a Party Wall Award and more time.
Our services include:
- Party Wall Advice for Your Design Stage
- Party Wall Notices
- Party Wall Dispute Resolution
- Party Structure Surveys and Reports
- Neighbour Liaison
- Oversail Agreements
- Schedules of Condition
- Party Wall Awards
Adjoining Property Owners
Our team provides party wall advice to owners looking to protect their property rights. We offer alternative dispute resolution by negotiating disagreements between all stakeholders. As the appointed surveyor, we will assess the proposal, provide our technical opinion and present a Party Wall Award upon agreement.
If you receive a notice from the building owner, quickly appoint an experienced surveyor to help determine how the proposed work will affect your property.
Frequently Asked Questions
The project scope includes three areas of work: party wall construction, new boundary walls and excavation work near the neighbouring property.
If you are the adjoining party, you should quickly appoint an independent party wall surveyor to investigate the party wall notice. The surveyor will advise you on how the proposed construction work could impact your property.
The Party Wall Award is a legal document outlining the party’s rights and responsibilities with the party wall. If you are the owner initiating the work, you must obtain an Award. The party wall surveyor will draft the Award per legislation and serve it to the affected parties.
The party wall surveyor fees depend on the nature and extent of the works. Contact our party wall surveyors in Kensington for a competitive quote.
Hamilton Darcey LLP – Your Experienced Party Wall Surveyor
Hamilton Darcey LLP resolves party wall disputes with speed, efficiency and cost-effectiveness. Our party wall surveyors have the training and expertise to help you reach an amicable agreement without the need for protracted and expensive court proceedings. Contact us today for free expert advice.