responsive repairs Work Instruction

Work Instruction Party Wall

Main authors:

Approved by;
Contents
1 / Purpose
2 / Scope
3 / Roles/Responsibilities
4 / Standard Documents and Glossary of Terms
5 / Introduction
6 / Part 1 - Homes for Haringey are Issuing a Party Wall Notice
6.1 / TASK 1 Informing HfH Surveyor
6.2 / TASK 2 Serving the Notice
6.3 / TASK 3 Adjoining Owner(s) consent
6.4 / TASK 4 Adjoining owner(s) dissent – appoint own Surveyor
6.5 / TASK 5 Adjoining owner(s) dissent – appoint agreed Surveyor
7 / Part 2 Receiving A Party Wall notice from the Public
7.1 / TASK 1 Receiving the party Wall Notice
7.2 / TASK 2 Joint Visit
7.3 / TASK 3 Receiving and checking the documentation
7.4 / TASK 4 Fees
8 / Appendix
1. Purpose
2. Scope / To set out the Party Wall procedure.
This Work Instruction will be used, with modifications, for the purpose of ensuring that staffunderstand Homes for Haringey’s Party Wall Procedure.
3. Roles / Surveyor
Adjoining Owners Surveyor
Adjoining Owner
Manager
Finance
Structural Engineersare responsible for informing the Surveyors that a Party Wall Notice is needed and will send them the structural drawings
4. Reference
Documents / The Party Wall etc. ACT 1996: explanatory booklet
The Party Wall etc. ACT 1996
Standard
Documents
4. Glossary of
Terms / HfH / Homes for Haringey
5. / Introduction
The Party Wall etc. Act 1996 came into force on 1 July 1997 and applies throughout England and Wales.
It provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
You must give the adjoining Owners notice of your intentions.
What is a party wall?
Party wall type (a)
A wall is a “party wall” if it stands astride the boundary of land belonging to two (or more) different owners.
Such a wall:
  • is part of one building, or
  • separates two (or more) buildings, or
  • consists of a “party fence wall”
A wall is a “party fence wall” if it is not part of a building, and stands astride the boundary line between lands of different owners and is used to separate those lands. This does not include such things as wooden fences.
Party wall type (b)
A wall is also a “party wall” if it stands wholly on one owner’s land, but is used by two (or more) owners to separate their buildings.
Only the part of the wall that does the separating is “party” – section on either side or above are not “party”.
What are my duties under the Act?
If Homes for Haringey intend to carry out any works under the Act, the Surveyor must inform all Adjoining Owners.
6.
6.1
Structural Engineers / Part 1 - Homes for Haringey are Issuing a Party Wall Notice
TASK 1 Informing HfH Surveyor
  • HfH’s Structural Engineering team will inform the Surveyor that a Party Wall Notice is needed
  • Structural Engineers will send the Surveyor at least two copies of the structural drawings
  • If a Notice is to be served to both sides of the property the Surveyor will need more than two copies of the drawings

6.2
Surveyor / TASK 2 Serving the Notice
  • The Surveyor will send a Notice of Intention letter, two copies of the Acknowledgement of Party Structure Notice and a copy of the structural drawings to all Adjoining Owners
  • The Notice of Intention letter (..\PartyWall200607\Letter 1 - Party Structure Notice.doc) outlineswhat works the Council are proposing to carry out and instructs the Adjoining Owners what they should do next. They can either consent, dissent or agree that the HfH Surveyor will act as the Agreed Surveyor
  • The Acknowledgement of Party Structure Notice (..\PartyWall200607\Letter 2 - Positive Acknowledgement of Party Structure Notice.doc..\PartyWall200607\Letter 3 - Negative Acknowledgement of Party Structure Notice.doc) sates their address, our address, what property it is regarding and which premises adjoin our property. Options are given for consent/dissent and a section for them to sign and date the document

6.3
Adjoining Owner(s)
Surveyor
Structural Engineers / TASK 3 Adjoining Owner(s) consent
  • Adjoining Owner(s) will return the Acknowledgement of Party Structure Notice and mark that they hereby consent to the proposed works
  • The Adjoining Owner(s) will sign and date the Acknowledgement
  • The Surveyor will photocopy the acknowledgment and file his copy
  • The Surveyor will forward the original acknowledgement to the Structural Engineers
  • The Structural Engineers will put the acknowledgment in their project file
  • The Structural Engineers will order works and inform the Adjoining Owner(s) when the works will commence

6.4
6.41 Adjoining Owner
6.42Surveyor
6.43Adjoining Owners Surveyor
6.44Surveyor/Adjoining Owners Surveyor
6.45Surveyor
6.46
Adjoining Owners Surveyor / TASK 4 Adjoining Owner(s) dissent - appoint own Surveyor
  • The Adjoining Owner will return the Acknowledgement of Party structure Notice and will state that they dissent and would like to appoint their own Surveyor
  • HfH’s Surveyor will contact the Appointed Surveyor to organise an agreed time to visit the property with any Adjoining Owners/tenants
  • HfH’s Surveyor will send the Selection of a Third Surveyor (..\PartyWall200607\Letter 11Selection of Third Surveyor.doc) and a Draft of the Party Wallto the Adjoining Owner’s Surveyor
  • The Adjoining Owners Surveyor will agree to one of the suggested Third Surveyor’s. He will sign, date and return the letter to the Surveyor.
  • The Adjoining Owners Surveyor will inform the surveyor of their fees
  • Surveyor and Adjoining Owners Surveyor will carry out an inspection of the wall, floor and ceiling of the Party Wall
  • The Surveyor will take photo’s of the areas of concern
  • The Adjoining Owners Surveyor will have the drawings and The Draft of the Party Wall with them, so that they can go through any problems
  • Following the joint visit, HfH’s Surveyor will prepare the Schedule of Condition (Schedule of condition Template) The Surveyor will sign and date two copies of the Schedule of Condition
  • Surveyor will prepare a front cover (Appendix 6)
  • Surveyor will fill in the Party Wall Award, sign, date and have a witness sign and date two copies of the document
  • Surveyor will send the front cover, two copies of the Schedule of Condition, two copies of the Party Wall Award and any drawings or photo’s that are part of the Award to the Adjoining Owners Surveyor
  • All drawings and photo’s should be signed by both Surveyor’s
  • Adjoining Owners Surveyor will either agree or disagree with the Schedule of Condition and the Party Wall Award
  • If the Adjoining Owners Surveyor consents he will sign, date and send back the Schedule of Condition, the Party Wall Award and any drawings or photos. The Schedule of Condition and the Party Wall Award are now legally binding

6.47 Adjoining Owners Surveyor /
  • The Surveyor will email Structural Engineering and inform them that they can begin works
  • The Surveyor will send the Structural Engineers copies of the documents
  • If the Adjoining Owners Surveyor dissents he will advise the Surveyor what the issue is and they will attempt to resolve the problem
  • If no agreement can be met the agreed Third Surveyor will act as an arbiter Need to know a bit more about Third Surveyor

6.5
6.51 Adjoining Owner
6.52 Agreed Surveyor
6.53 Agreed Surveyor
Structural Engineers / TASK 5 Adjoining Owner(s) dissent – appoint Agreed Surveyor
  • The Adjoining Owner can choose to dissent and appoint the Agreed surveyor which is HFH’s Surveyor
  • Agreed Surveyor will act impartially
  • The Agreed Surveyor will arrange a suitable time to visit the property
  • The Agreed Surveyor will visit the property, write down his findings and take photographs
  • The Agreed Surveyor will fill in the Schedule of Condition and the Party Wall Award
  • The Agreed Surveyor will sign the Schedule of Condition and the Party Wall Award as the Agreed Surveyor. The Party Wall Award will be signed by a witness
  • A front sheet, the Schedule of Condition, the Party Wall Award, signed photographs and drawings are sent to the Adjoining Owner
  • The Notice has now been legally served
  • The Agreed Surveyor will email Structural Engineering and inform them that they can begin works
  • The Agreed Surveyor will send the Structural Engineers copies of the documents
  • Agreed Surveyor will file all documents regarding the case
  • The Structural Engineers will inform the Adjoining Owner(s) when the works will commence

7.
7.1
Adjoining Owner
Surveyor
Manager / Part 2 – Receiving a Party Wall Notice from the public
TASK 1 Receiving the Party Wall Notice
  • The Adjoining Owner will appoint a Surveyor and send Homes for Haringey a Party Wall Notice with drawings
  • The Surveyor will decide whether to consent or dissent the Party Wall Notice
  • The Surveyor will usually dissent the Notice
  • If the Notice is dissented, an HfH manager will write a reply stating the appointment of a Homes for Haringey Surveyor and send it to the Adjoining Owners Surveyor or whoever sent the Notice

7.2
Adjoining Owners Surveyor
Adjoining Owners Surveyor/Surveyor / TASK 2 Joint Visit
  • The Adjoining Owners Surveyor will contact the Surveyor to arrange an appropriate time for a visit
  • The Adjoining Owners Surveyor will send the Surveyor drawings, a Draft Party Wall Award and a letter regarding the selection of a Third Surveyor
  • The Adjoining Owners Surveyor and HfH’s Surveyor will visit the site and carry out an inspection
  • HfH’s Surveyor will take notes and pictures so that when the Schedule of Condition is sent to him he can compare it to his findings

7.3
Adjoining Owners Surveyor
Surveyor / TASK 3 Receiving and checking the documentation
  • The Adjoining Owners Surveyor will send the Surveyor two signed and witnessed copies of the Schedule of Condition, two signed copies of the Party Wall Award, and signed drawings and pictures
  • The Surveyor will check the documentation against his findings
  • If the Surveyor agrees he will send a signed and witnessed Party Wall Award and Schedule of Condition
  • If he does not agree………………????

7.4
Surveyor
Manager
Finance / TASK 4 Fees
  • The Surveyor will fill in the Accounts Receivable – SAP Invoice Authorisation excel sheet (Account Receivable - SAP Invoice Authorisation)
  • The Surveyor will forward this to his Manager
  • Manager will check the form and forward to Finance
  • Finance will send the Invoice to the Adjoining Owners Surveyor
  • Adjoining Owners Surveyor will pay the fee

8. / Appendix
Letters (Click on link to open document)
Notes on completing sample letters
Letter 1 - Party Structure Notice
Letter 2 - Positive Acknowledgement of Party Structure Notice
Letter 3 - Negative Acknowledgement of Party Structure Notice
Letter 4 - Line of Junction Notice -new wall astride the boundary
Letter 5 - Acknowledgement of Line of Junction Notice. New Wall astride the boundary
Letter 7 - Acknowledgement of Line of Junction Notice New wall wholly on your own land
Letter 8 - 3 to 6 Metre Notice
Letter 9 - Positive Acknowledgement of 3 or 6 Metre Notice
Letter 10 - Negative Acknowledgement of 3 to 6 Metre Notice
Letter 11 Selection of Third Surveyor
Template (Click on link to open document)
Schedule of condition Template
Excel Spreadsheet (Click on link to open document)
Account Receivable - SAP Invoice Authorisation
Reference documents
Party Wall etc Act 1996 explanatory booklet
Section: / Responsive repairs / Date: / February 2007
Title: / work instruction Party wall / Issue: / 01
Number: / RR/WI01 / Page: / Page 1 of 10