Key terms and terminology from the Party Wall Act
Building Owner: The owner of a property proposing to carry out building works.
Adjoining Owner: The owner of a property adjoining that where works are proposed.
Schedule of Condition: A survey of the Adjoining Owner's property to create a snapshot of the current condition of that property. This is essential in order to assess any claims of damage resulting from the Building Owner's works.
Surveyor: The term "surveyor" is defined in the Act as any person who is not a party to the works. That means that property owners are not allowed to act as the surveyor since they have a vested interest in the building works proceeding, or not, as the case may be. The person appointed as party wall surveyor should be knowledgeable about construction and be well versed in party wall procedures. Ideally they should be registered with a regulating body within the industry. This will be either the Faculty of Party Wall Surveyors or RICS (Royal Institute of Chartered Surveyors). A Building Owner and Adjoining Owner will appoint a surveyor to act on their behalf. The surveyor(s) will negotiate and agree an Award (see below).
Agreed Surveyor: Where a single surveyor is appointed by both the Building Owner and Adjoining Owner. The appointment of a party wall surveyor is a statutory appointment rather than a commercial relationship. Party wall surveyors have an obligation to be impartial and it is this statutory impartiality that allows a party wall surveyor to be appointed by both the Building Owner and Adjoining Owner.
Third Surveyor: When a Building Owner and Adjoining Owner each appoint their own surveyor the two surveyors must agree on a Third Surveyor at the outset. The Third Surveyor acts as a judge in the event of a dispute between the two surveyors that has reached an impasse. This is a more efficient and cost effective method of resolving a dispute than going to court. It is very rare for surveyors to refer matters to the Third Surveyor.
Award: A legal document that explicitly states details of the proposed works, including plans, and also lays out the Building Owner's and Adjoining Owner's rights and responsibilities. This is agreed between the surveyor(s) acting on behalf of the Building Owner and Adjoining Owner.
Line of Junction: Generally refers to the boundary line.
Party Wall: A wall that stands on the boundary between two properties and is used by both properties. It can also refer to a wall that stands wholly on one owner's land but is used by two or more owners to separate their buildings.
Party Fence Wall: A wall that stands on the boundary between two properties but does not form part of a building. A garden wall on the boundary is a common example of a party fence wall.
Party Structure: A party structure includes a party wall and also a floor partition or other structure separating buildings or parts of buildings approached solely by separate staircases or separate entrances from outside the building.
Party Wall Notice: A formal notice served by the Building Owner on the Adjoining Owner under the Party Wall etc. Act 1996, informing them of proposed building works that fall within the scope of the Act. Different types of notice exist depending on the nature of the works (line of junction, party structure, or excavation).
Load-Bearing Wall: A wall that supports the weight of the structure above it, such as floors, roof, or upper storeys. Removing or altering a load-bearing wall typically requires structural calculations and the installation of a steel beam or other support. Where a load-bearing wall is also a party wall, works to it will fall under the Party Wall etc. Act 1996.
Section 1 Notice (Line of Junction): A notice served when a Building Owner proposes to build a new wall on or at the line of junction (boundary) between two properties.
Section 2 Notice (Party Structure): A notice served when a Building Owner proposes to carry out works to an existing party wall or party structure, such as cutting into the wall, raising the wall, or demolishing and rebuilding.
Section 6 Notice (Excavation): A notice served when a Building Owner proposes to excavate within specified distances of an Adjoining Owner's building or structure, depending on the depth of excavation.