Party Wall Agreement Schedule of Condition
This is a record of the condition of the adjacent plot before work begins. Once agreed, the timing of the condition will be part of the Party Wall Award. Nowadays, surveyors usually do not add photos, printed or on a hard drive, as they are only needed in the event of a dispute over the cause of the damage and can be recovered from the surveyors` files at that time. Only the condition of the adjacent owner`s property is recorded (if the builder damages his own property, this is his point of view). The only scenario in which surveyors would need access to the builder`s property would be if there was a portion of the adjacent owner`s property, like. B, a side wall that could only be inspected on the manufacturer`s side. Obviously, the first consent option is explicit, and so in this blog post we will discuss the second option, which is to accept the work and ask for a state plan. 2) Accept the work and request a timetable for the implementation of the condition. The schedule is mainly a written recording, that is, a description of cracks, etc., supported by a series of photos. You may be wondering why written recording is necessary (a photo is worth 1000 words), but photos of cracks out of context take a long time when you try to find a certain error at the end of the work. In addition, cameras (especially phone cameras) have only recently been able to take photos with enough detail to show cracks in the hairline.
Since no list of conditions is mentioned in the law, there is no indication of their scope. It is therefore up to the designated surveyors, with their considerable construction experience, to decide what can be hoped for. As a general rule, if the work is relatively minor, such as a simple extension or loft conversion, all areas within a radius of 3.00 m around the proposed work would be covered. If the work presents a particularly high risk, such as . B excavation of the basement or basement, this distance would probably be extended to 6.00 m. If you have received a Partywall notification and would like advice on how to respond, or if you would like us to create a condition plan for you, please contact us. If you need advice on a party wall case or if you need to appoint an expert, do not hesitate to contact us on 020 8546 7211 or by e-mail without obligation. The aim is to give a complete and accurate overview of the condition of the neighbouring property before construction begins. As a result, it is much easier to determine if damage occurred during the construction phase, so surveyors only have to determine if the development work caused the damage and not if the damage ever existed.
The normal protocol is that notes and photos are shaded by the surveyor acting for the builder (or obviously by the agreed surveyor) while it is shaded by the surveyor of the adjacent owner – after the inspection, a draft of the schedule is sent to the surveyor of the adjacent owner, who, after being present at the check-in, will be able to: to comment and accept this. It usually covers floors, walls and ceilings adjacent to the proposed work or areas that may be at risk of damage. In our professional opinion, homeowners are well advised to ask for a condition plan if they want to accept the work. The cost of a self-contained report is usually around £200 plus VAT and is usually paid by the owner who wants to get the job done. The condition plan will be reviewed at the end of the work to ensure that no damage has occurred and, if so, to help restore the owner`s property adjacent to its previous condition or compensate the adjacent owner accordingly. Should you have a condition plan made? The first point you should be aware of when you have received a party wall notice from your neighbor is to understand that even if you accept the work, you still have the protection of the party wall etc 1996 law in case neighboring plants cause damage to your property. These remedies are listed in section 10 of the Act. This first part of the party wall process consists of the owner of the building informing his neighbor of his suggestions and, if necessary, obtaining his consent. The state plan is included in a Party Wall Award, a document created by the surveyor. In this document, the architect and the builder`s contractor will describe their methods and drawings to show how the work will be done safely to mitigate the losses suffered by the adjacent owner`s property. The next step in the party wall process after the appointment of the surveyors (or an agreed surveyor) is to record the condition of the adjacent owner`s property; is called a condition plan. This is not part of the formal process as it is not mentioned anywhere in the law, but it is done regularly and could prove invaluable in the event of a dispute over the cause of the damage reported.
This report serves as evidence of changes or damages. It keeps an accurate record of any defects found in the structure or boundaries of the adjacent owner, so that after completion of the work, any damage caused can be compared to the original condition of the property to ensure that it was not already there. Our appraisers can then communicate the differences between the annex condition report or the attribution/agreement of the party`s wall with respect to your property. The visit also provides an opportunity for reviewers to review proposals in context and assess risks. The length and width of cracks are estimated by surveyors rather than measured – it would simply be too long to measure each crack, and any surveyor worthy of the name should be able to estimate distances with reasonable accuracy. In other blog posts, we`ll look at the other response options included in a party wall notice. By having a status schedule report made, you reduce the likelihood of a dispute with your neighbour about damage during or after the construction program. If you`re still not sure which option to choose, we recommend talking to one of our RICS Licensed Surveyors and discussing the work you`ve done or your neighbor`s work. We have prepared the following table that should help you clarify and hopefully help you make an informed decision.
Indeed, it is likely to be advantageous for both parties if the adjacent owner can prove that damage has occurred since the beginning of the construction work, but also protects the builder to ensure that he is not obliged to pay for damage that already existed and therefore was not caused by him. 3) In order to oppose the work and accept the appointment of an agreed surveyor, adjacent owners sometimes accept notice based on the fact that a state plan is being executed (but a part wall price would not be produced if a notice is approved). The condition plan is the report prepared by the appraisers after a visit to the property and an inspection of all areas that could potentially be affected by the work proposed by the neighbors. It will usually be a 20-page report with lots of photos and descriptive text. 4) Refuse the work and designate a surveyor other than the one proposed by the client. It is not a requirement of the law to create a list of conditions, but it is recommended. It provides up-to-date evidence in the event that damage occurs or is believed to have occurred as a result of the work. One of the most common questions we are asked is what is the difference between a state time ratio and an allocation agreement/party wall agreement.. .