Before the process starts
That the notice(s) is(are) valid.
- This would include ensuring that all the Adjoining Owners affected by the proposed work have been correctly notified. Land Registry records would be checked, if the Building Owner hasn't done this already, and the content of the Notices would be reviewed. If the notice is invalid then the Surveyor(s) can rectify the process, or insist that the correct notice is served.
If two surveyors are appointed:-
- that each has been correctly appointed;
- Each Surveyor sends a copy of their appointment to the other, for confirmation. Without a valid appontment the Surveyors have no authority.
- selection of a Third Surveyor.
- This person is also someone who cannot be a party to the dispute. Conventionally they are a person who is experienced in Party Wall issues. He is not involved until an issue arises that the two surveyors cannot resolve. He acts as an umpire.
If the proposed work is to a wall or structure, that it is a party structure under the Act, and that it is sufficient for the Adjoining Owner's use.
If the proposed work includes excavation and construction near to an Adjoining Owner's building, that the Adjoining Owner's building falls within the distances set down in the Act.
If the proposed work is on or at a boundary, that the location of the boundary line is known, and has been agreed by the Owners.
- If both Owners agree, then the Surveyor(s) should ask for written confirmation, signed by both Owners.
- If the boundary line is not known, or if there is disagreement, then this must be resolved before the process starts. The Surveyor(s) might be able to assist in this as a separate task, but the issue must be resolved before the Party Wall process starts.
During the process
If the proposals need to be reviewed by specialist consultants, which might be necessary under certain conditions, such as,
- There is no designer;
- The designers are not known to be industry professionals, or appear to be inexperienced for the type of work;
- Descriptions of work, or drawings if any, do not appear to be technically competent;
- The work is complex, or has known risks associated with it, eg basement construction; or,
- There are site specific conditions which need to be considered.
Conventional construction works would not mormally need to be reviewed by a specialist consultant.
That drawings, method statements, programmes, calculations, etc., to be used for the proposed works, including any modifications or additions required by an Adjoining Owner, are identified, and reviewed for compliance with the Act's requirements.
That the works, including any works required by an Adjoining Owner, are adequately described and listed in the order in which they will be carried out; that they include any particular form of protection to adjoining premises that may be necessary.
If the work involves noisy operations, the hours during which they can be undertaken.
- Planning conditions often prescribe working hours, and these would be used as a minimum, if the works are the subject of Planning Permission. These might be used as a guide, if the works do not need Planning Permission.
- There is nothing to prevent more restrictive working hours being decided upon if the works might be particularly noisy.
If any of the works must be carried out from the Adjoining Owner's land, or property, including the erection of scaffolding, and if so, obtain and approve, with conditions if necessary, the Building Owner's detailed proposals.
The fees and costs, of the Surveyor(s), and engineers and/or other consultants if required, that are to be paid by the Building Owner, and/or Adjoining Owner.
If an Owner should pay all, or a proportion of, the expenses of the works required.
If the adjoining premises need to be opened up, the fair allowance amount to be paid by the Building Owner to an Adjoining Owner, or occupier, in respect of disturbance and inconvenience that might be caused.
If security for expenses should be provided, how much, and by what means.
If a Condition Survey should be undertaken before the Award is published, or before work starts.
If inspections of the works are necessary, how many, and when.
The Award will include the outcome of the deliberations as well as a set of conventional clauses which appear in every Award.