Schedule of Condition – Party Wall
- Home
- Schedule of Condition – Party Wall
What is a Schedule of Condition?
The condition schedule is the “before” state of the adjoining property (i.e. prior to works being carried out). It entails visually inspecting the surfaces of the walls, floors, and ceilings of said neighbouring property and then documenting that inspection in a report with supporting recorded media.
What does a Schedule of Condition comprise?
The range of areas examined is typically contingent upon the nature and scope of the work that requires notification. If the work is only to repair the roof above the party wall, then it is unlikely that the surveyor will need to inspect anything below top floor as those other areas should not be affected by the works.
Is a Schedule of Condition similar to a Building Survey?
Not really. The schedule has a brief description of the condition that an element or area of the structure was on the date of inspection. It is not a complete description of the components or hazards at the property or the quality or adequacy of construction, unlike a full building survey. However, the schedule includes a reference to defects, for example, cracks to plaster surfaces and/or damp which may be attributable to works next door.
In what way is a Schedule of Condition performed?
Typically, it is the building owner’s surveyor who records the condition of the affected segment of the adjoining owner’s property, but the adjoining owner’s surveyor is also present to lend authority to the finding.
What do I have to do to get ready for a Schedule of Condition?
When you come to agreement about the extent of the Schedule of Condition with the Party Wall Surveyor(s), you don’t need to disturb your living space but it can help to make areas more accessible/visible in order to facilitate a more detailed inspection of your property.
How do I utilise the condition schedule?
Once the work is done, the surveyors must perform a post-inspection to see if there’s been any damage. To do this accurately, they must compare the property in its newly finished state to the original state recorded in the Schedule of Condition. If they find there has been damage, the party wall surveyors must then resolve whether or not the building owner must compensate the adjoining owner—all of which is usually worked out and agreed to in an addendum to the party wall award.
How do I serve a Party Wall Notice?
To serve a notice under the Party Wall Act, which concerns building work on a shared wall, there must be at least a 2-month waiting period before the actual building can begin. The notice must be directed to the proper legal owner and/or leaseholders of the property.
If these necessary details are not included in the notice, then it has not been served properly, and the notice period does not start. The notice can be served without planning permission and up to a year in advance of when the work is scheduled to start.
Once the adjoining owner receives the Party Wall Notice, they have 14 days to reply to it. They can either accept the notice (and allow the building owner to get on with the work) or dispute it (in which case they shouldn’t get on with the work until the dispute is resolved).
If neither party hears in 14 days, the building owner’s surveyor serves the adjoining owner with a further notice to help move things along. If they still don’t accept or dispute, we start assuming the adjacent owner disputes the notice and proceed to appoint surveyor on their side.
Have a Question?
Questions
Yes, unless you get written consent from your neighbour.
Yes, but you will still need a party wall award. Since we’re doing work on a wall that doesn’t belong exclusively to us, a reasonable award under the Party Wall Act is sensible, particularly the fire risks associated with this work.
A frequently selected alternative is to install a stainless steel flue system. This provides a straightforward way to vent the fireplaces that still exist in the homes of some clients.
There are several, notably: that the stack may be damaged and fall, causing structural damage; that the work may be done in such a way that damp enters the walls; that the debris may land in the neighbour’s fireplace; and that the work may not comply with the relevant sections of the Party Wall Act, thus giving rise to a lawsuit.
Many people choose to install a stainless steel flue system, as it is an economical option to venting a fireplace when you no longer have an actual chimney—yet still want the fireplace to work.
Authority figures recommend that you have the chimney stack inspected and/or cleaned at least once a year by a certified chimney sweep. This is done not only to ensure that the chimney stack is in good working order but also to identify any possible issues that could become big problems if not taken care of in a timely manner.
Making the correct decision on whether to remove or repair a shared chimney stack is extremely important, and there are a number of points you need to consider and be aware of. The key issue you need to investigate first is the physical condition of the chimney. Additionally, you’ll need to think about how to manage the Act in relation to the chimney with your Canterbury party wall surveyor.
To put it simply: don’t do it; not serving the notice can result in your project being slowed to a crawl or even halted.
The first step is to understand what a notice actually is. A Party Wall Notice is a way of formally informing your neighbours that you intend to do work that might affect them or a shared structure.
To ensure that a Notice is valid and to reduce the risk of any challenges or delays, it is advisable to have experienced individuals draft and serve the Notices. An award can not be made valid retroactively.
Even if it can be shown that work on a party wall already took place, there is an option to serve a late notice, but this may lead to further disputes and costs
If you plan to improve your home in a way that affects a party wall, the first step is to tell your neighbours what you will be doing. This is done by serving a notice on them with the help of a party wall surveyor.
If your neighbours don’t agree with your plans, you need to have a Party Wall agreement drawn up. This is a document that clearly states the rights and responsibilities of both you and your neighbours in relation to the wall you share.
Once you serve notice on your neighbours about doing work that affects a party wall, they will have the opportunity to consider your notice and express their concerns, if they have any.
The aim of the Party Wall Notice is to ensure that cooperation and good neighbourliness are encouraged when it comes to work being carried out on shared structures.
Is it necessary to have a Schedule of Condition?
The purpose of the Schedule of Condition is to safeguard a Building Owner against the Adjoining Owner’s untrue assertions of damage. But it also safeguards the Adjoining Owner by documenting, beyond any question, that damage has occurred. Contact us today for our team of Party Wall Surveyors in London and Canterbury to assist you.
