The Party Wall etc. Act 1996 ‘the Act’ provides owners of land and buildings with rights in relation to party walls, structures and adjacent land. The legislation helps to enable construction works and development, whilst also protecting those directly adjacent to the works.  Party Wall Surveyors administer and govern with the mechanisms that the Act provides.

An Owner wanting to carry out works described under the Act is referred to as the ‘Building Owner’ and an Owner adjacent to the intended works is referred to as an ‘Adjoining Owner’. 

Edwards & George accept appointment as Building Owner’s Surveyor - This is on behalf of developers or persons undertaking construction works, where such works are Notifiable under the Act.

We accept appointment as Adjoining Owner’s Surveyor - This is on behalf of Neighbours affected by Notifiable construction works under the Act.

We also accept appointment as Agreed Surveyor - This is on behalf of the Building Owner and Adjoining Owner, where development works are Notifiable under the Act.

Please contact us to find out more if you are undertaking your own construction works or are affected by neighbouring construction works.

Developers or Building Owners will often require our professional and experienced advice in relation to their Third Party Obligations and any potential constraints they may be facing for an upcoming construction project.

We like to identify these constraints and obligations at an early stage to mitigate any potential risks and we also like to identify opportunities to add true value to a project. These items could be in relation to land ownership, access rights, easements, construction logistics, leaseholders, Local Authorities or boundaries, to name a few.

We establish strategies to enable successful and timely delivery of a project when facing Neighbourly Matters. We are able to provide initial advice and reports from the pre-acquisition stage and are experienced with integrating with the project team through to completion. We are there as their Neighbourly Matters expert and team member for when circumstances change, as they often do through the course of a long project. We can therefore be there with a dynamic and adaptable approach.

We advise and report on well known multimillion pound central London construction projects including commercial, large scale residential and infrastructure projects, to large residential basements, or more simple residential projects, and everything in between. No project is too large or too small.

For Developers or Building Owners, we help to identify where such Licences may be required to facilitate construction works. We are able to draft Heads of Terms and Licences, and liaise with your neighbours or Third Parties and their representatives or legal council. Our aim is to ensure that you are able to facilitate your construction works with access that is legal and risk free.

For affected neighbours to development works, we are able to identify where Developers may be required to enter into a Licence with you, to provide you with protection, in terms of safety and liability, and potential financial considerations for such access requirements. We are able to liaise with Developers and their representatives on your behalf to ensure that you are suitably protected and fairly treated.

Before construction works commence, it is always recommended to undertake Schedules of Condition. This is usually a written and photographic report of the existing condition, which can then be referred to at a later point in time, especially if damage is suspected during or after the works.

Having such a record protects the Developer from spurious claims, whilst equally protecting the Neighbour/Adjoining Owner from any denial of damage caused by the party undertaking the construction works. It therefore benefits both parties.

As you can imagine, having a Schedule of Condition is particularly beneficial in avoiding expensive legal proceedings for all parties involved.

We are very experienced in recording the appropriate level of Schedule of Condition for all types of construction projects.

We would always recommend a form of Schedule of Condition to be undertaken as part of the properties affected under the Party Wall etc Act 1996 and Developers may also find it prudent to instruct us to undertake Schedules of Condition of other adjacent properties, pavements or public highways surrounding the development site where a risk of damage is possible.

Boundaries are often disputed between neighbouring land owners. Historical English land registration and HM Land Registry, even in the present day, does not tend to provide sufficient detail of boundaries and ownership of the boundaries or the features of the boundary, which is a deficiency of the current system in use. You may have seen those thick red boundary lines plotted on a Title Plan of your property or demise? They are not very useful are they.

We provide expertise to enable resolution of such boundary disputes between land owners or to simply advise where the true boundary lies.

We are experienced in reviewing historical documents, imagery, records and measurements. We are able to review existing on site conditions, features and data from topographical surveys to support determination of boundaries.

With larger projects or commercial developments, clients often find it useful to have weekly or bi-weekly photography of the site for ongoing activities or as milestones are met. They may also find it useful to have a pre-acquisition photography.

This imagery can be used in a number of ways; to update investors; to update Local Authorities; to be used in community liaison; to be used by Architects, Engineers and Consultants for ongoing design, planning and strategy; to be used for monitoring; to evidence certain project events, positioning of features and the historic condition; or to update prospective purchasers.

We welcome the opportunity to provide this service for your longer term project, and to provide you with a quotation.