Party walls are walls or structures that separate two properties. In the UK, a party wall is defined as: ‘any structure which separates two buildings or parts of buildings.’ This definition is provided by the Party Wall etc. Act of 1996, as stated by the UK Government’s website.
Does the party wall survey require as-built drawings?
As-built drawings are simply detailed plans of the building as it was at the time of construction. They show where everything is located and how it is connected. According to the Chartered Institute of Building Surveyors, as-built drawings can be incredibly useful for a party wall surveyor, as they provide essential information about the building’s layout and features.
However, some surveyors may not require as-built drawings, as measured surveys also provide a good level of detail about the surveyed structure, including room sizes, door openings, staircases, etc. Measured surveys use laser technology to measure dimensions and features, providing accurate measurements.
What types of as-built drawings should be submitted with the party wall survey application?
It is essential to understand the difference between as-built drawings and original plans. If you have carried out the work yourself or if it was done by a friend or family member, then you do not need to submit any as-built drawings with your party wall survey application.
However, if you are concerned about the part of the work being conducted, or if you suspect that the works will have an impact on your property, it is recommended that you consult with a solicitor or surveyor to understand the requirements and implications.
According to the Building Act 1984, if an architect, land surveyor, or engineer has been involved in the project, they should submit all relevant as-built drawings with their party wall application.
As-built drawings are documents that show what has been constructed on-site over time and will help determine whether any changes have occurred which could affect future works.
In the UK, the Building Act 1984 requires this information to be provided to ensure compliance with planning permissions and party wall agreements.
This ensures that any potential disputes or issues can be addressed early on.
You can ask your neighbour if they have any drawings of the work and if so, to show you them.
However, it’s essential to verify the authenticity of these drawings to ensure they are accurate and up-to-date.
A surveyor can check the drawings to determine if they are in accordance with planning permissions or party wall agreements.
The Housing, Communities and Local Government (HCLG) guidelines emphasize the importance of inspecting as-built drawings to identify any discrepancies.
How can I confirm that my neighbour has carried out work to which they are not entitled?
A copy of the building notice can provide valuable information about the neighbour’s entitlement to carry out certain works.
If the building notice states that the neighbour cannot carry out specific works under their right of way, it increases the likelihood that those works were carried out without permission from the adjoining owners.
The building notice is an official document that outlines the neighbour’s rights and obligations, and it’s often required for party wall agreements.
However, it’s worth noting that building notices are not issued for minor works.
To further verify the neighbour’s actions, you can ask them to provide documentation, such as a signed agreement or a letter from the contractor.
In some cases, it may be necessary to consult with a lawyer or a surveyor to determine the best course of action.
The UK’s party wall legislation emphasizes the importance of clear communication and documentation to avoid disputes.
Before commencing any party wall works, it’s essential to verify your neighbour’s planning permission and the rights defined by relevant legislation, such as the Party Wall etc. Act 1996 (HM Government, 2020). If your neighbour has a copy of their planning permission, this will indicate whether they have the necessary rights to carry out certain types of party wall works, including those related to drainage. However, their rights may only extend to demolishing existing walls and erecting new ones, as permitted by previous permission.
Can I use an as-built drawing to amend my party wall agreement?
According to the Law Society (Law Society, 2018), if you have a party wall agreement, you can use the as-built drawings to amend it. However, if you don’t have a party wall agreement, you must apply for one and ensure that it covers the changes you’ve made or intend to make to your property. The agreement should include details of the works, the costs, and the parties involved, as well as the date of the last survey (Payne, 2019).
The answer to this question depends on whether your neighbour has made alterations or additions that are not permitted by your building notice.
Under the Party Wall etc. Act 1996, if your neighbour has made alterations or additions that are not permitted by your building notice, they are entitled to remove them (Parliament UK, 2020). This is because the building notice specified the permitted works, and your neighbour’s actions deviate from these instructions. However, if the neighbour has not made any alterations or additions not permitted by your building notice, they are entitled to keep them (HM Government, 2020). To determine this, it’s crucial to check the date on their party wall certificate and compare it with yours (Payne, 2019).
In order to ascertain whether your neighbour has made alterations to their property since their last survey was taken, it is essential to verify the date on their party wall certificate and compare it with yours. This will help you determine if any changes have been made without your knowledge or consent.
If you suspect that your neighbour has undertaken unapproved works, you should contact our team of experts, who can guide you through the process of obtaining permission for them to make changes back to their original state.
Requesting As-Built Drawings
If you have not been provided with as-built drawings, you may need to request them. In some instances, this may involve submitting a formal request to your neighbour or their hired professionals.
Suppose your neighbour denies you access to the information or provides you with incomplete information. In that case, they may have constructed something different from what was originally agreed upon in the building consent application. In such a situation, you may need to take further action to resolve the issue.
If your neighbour refuses to provide copies of as-built drawings or does provide them but they differ from those approved at the time of construction, your surveyor may apply for an order from the court to force them to disclose all relevant documents and ensure compliance with any other obligations.
Origin of As-Built Drawings
As-built drawings are typically prepared by the architect, land surveyor, or engineer responsible for designing and building the structure. These detailed documents serve as a record of the actual construction, allowing for accurate comparison with the approved plans.
The Architects Journal (2018) cites the importance of including as-built drawings as part of the construction process, ensuring that any changes made to the original design are accurately recorded and reflected in the final building plans.
According to the Chartered Institute of Building (CIB, 2020), as-built drawings play a crucial role in identifying any discrepancies between the original construction plans and the actual building configuration, facilitating effective dispute resolution and preventing similar issues in the future.
As-built drawings are typically prepared by the architect, land surveyor, or engineer who designed and built the structure.
As-built drawings are usually prepared for any work carried out to a building or structure that is not covered by a building notice.
Why Do As-Constructed Drawings Matter for Home Buyers?
When purchasing a house where building work has been carried out, it’s essential to obtain an accurate drawing of what was present before any work was done.
For instance, if a buyer discovers that the original building plans no longer accurately reflect the final state of the structure, it can lead to difficulties in resolving disputes with the seller or contractor.
Moreover, as-built drawings can help buyers identify potential issues or defects that may have arisen during the construction process.
As-built drawings are a valuable tool in the home buying and selling process.
As-built drawings are crucial records of a property’s layout and construction, providing valuable insights into its existing state.
Not all buildings have as-built drawings, as they may not have been considered necessary or commissioned by third parties at the time of initial construction.
Even if as-built drawings are not available, our team can still complete your party wall survey and provide guidance on the best course of action.
Contact Us
Don’t hesitate to reach out to us if you have any questions about your party wall survey or as-built drawings.