Sara Burr FRICS, director of the party wall department at GVA Schatunowski Brooks looks at the importance of party walls and neighbourly matters to the smooth delivery of projects…
More and more we are being asked to advise on ‘neighbourly matters’ generally, in addition to party walls. So who can be a party wall surveyor and what does neighbourly matters actually mean?
Given the complex interpretations of The Act, appointing an experienced team is essential. Unfortunately, the use of the title ‘Party Wall Surveyor’ doesn’t need any qualifications and becoming chartered in the area is particularly challenging.
Technically you don’t have to have any qualifications at all but experience and knowledge of the Act. The interpretation of the Act has become more complex and so has case law. It is now a whole industry which can cause delays and halt construction.
There are now a number of organisations that ‘surveyors’ can become members of to obtain letters after their name which to the general public are attractive. These qualifications are nowhere as onerous as those of becoming Chartered, whether through the RICS, CIOB, ICE, IStructE or RIBA. So in essence there are two breeds of party wall surveyor, those who are Chartered and want to specialise in the area and those who have chosen to get involved in the process in order to obtain a qualification.
We must acknowledge that there is a huge amount of administration involved in the process. From serving notices to following timescales, which in itself can be complicated, through to finally signing and serving an award. Assistant surveyors and administration assistants are an invaluable team. The key to the process is ensuring you have all the information available to undertake the work and allow sufficient time for the process to take place.
Adjoining owners see the Act as a tool to stopping development when the planning process fails to protect their ideals. It becomes expensive for building owners who have not budgeted for surveyors’ fees, the information required or the cost of time. It was intended to be an enabling Act.
So what are ‘neighbourly matters’?
There are currently working parties discussing with the government about a Boundary Dispute Resolution Bill and a Basement Development Bill to enable such disputes to be regulated in the same way as party wall matters. These matters may or may not be incorporated into the Party Wall etc Act 1996 but it must be remembered that this Act sprung from the London Building Act 1974 which became Nationwide on the one specific issue. Basements historically have been curtailed to London but boundary disputes have not. Given the current development landscape there is clearly a need for this to be reviewed.
Then there are matters which don’t come under any of those or the Access to Neighbouring Land Act. Matters such as scaffolding or crane over sailing licences. The Access to Neighbouring Land Act was intended for ‘maintenance’ not to allow access for ‘development’ purposes. Such issues again can delay a project or cause additional cost if not obtained. More and more frequently now adjoining owners are using that potential gain as a tool for compensation.
Boundary disputes, these also can amount to trespass, but not just because ‘who owns what’. It could extend to rights of way or established use.
As chartered building surveyors we deal whole spectrum of neighbourly matters, not just arty walls and provide cost saving advice for both Building Owners and the Adjoining Owners. Part of property consultant Bilfinger GVA we can offer support to clients nationwide.
Sara is past London Chairman and currently Vice Chairman of the Pyramus & Thisbee Club, a Learned Society for party wall specialists. Sara leads the party wall team at GVA Schatunowski Brooks, a specialist neighbourly matters team within Bilfinger GVA with over 50 years of experience delivering expert advice.
Bilfinger GVA Shatunowski Brookes
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