PROPERTY JOURNAL

Party walls and the public

An essential update on all neighbourly matters for RICS members dealing with disputes and inspections

Author:

  • Michael Cooper
  • Andrew Thompson

12 October 2020

On 8 June 2020 the latest version of the RICS’ consumer guide An owner’s guide to the Party Wall etc. Act 1996 was released.

It contains information for property owners to help them deal with the party wall process and is aimed at both the building owner and adjoining owners. It complements the government publication on the Party Wall etc. Act 1996. The guide is also suitable for professionals to refer the public to as a useful introduction as part of a surveyor’s opening communication with the public for instance.

The public guide has been updated to reflect the changes inherent within the new Party Walls 7th edition guidance note.

Costs

The document has been updated by the RICS boundary and party wall practice panel to reflect feedback from members. The section on costs explains that not all costs are automatically met by the developing owner – the building owner – and that the apportionment of costs for works and the making of awards can fall to either party. For instance, where there is a joint fault for a party wall in disrepair, the cost can fall to an adjoining owner. The guide also makes clear that should an adjoining owner make excessive demands of the surveyor this could also trigger direct fee liability.

The guide is intended to direct the public towards RICS members and regulated firms at the earliest stage in the process. The legislation does not provide a definition of a party wall surveyor but it should steer consumers away from rogue, unregulated and, often, uninsured individuals and firms practising in this field. Please do circulate the guide. RICS also recommends that members read the new scope of service documents alongside the consumer guide.

Neighbourly disputes

Members should also note the launch of Beyond COVID-19: Inspections and visits linked to neighbour disputes. The prime minister’s message to our sector is clear “Build, Build, Build”. And access, party wall compliance and neighbourly agreement are clearly part of a successful construction and property sector. When RICS members need to inspect neighbouring properties for safeguarding and disrepair purposes, the guide contains updated information on how to do this safely and professionally.

Many professionals have already benefited from RICS online CPD training. There are 2 specific courses in Rights to light and Party wall matters. In addition, a Party walls in times of crisis webinar is still available on demand to members who have subscribed for the CPD support package.

The practice panel is always keen to receive members’ feedback on the new guide and scope of service during our next roadshow, currently expected to take place in 2021, subject to the latest health and safety guidance at that time.

michael@cooperscbs.com  

andrew.thompson@aru.ac.uk

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