Are Planning and Party Wall Matters Related?

Posted by Adamo Surveyors on 23rd August 2020 -

As Party Wall surveyors we often get inquiries from prospective appointing owners who state that they are currently undergoing planning with regards to their proposed works which are also notifiable under the Party Wall etc Act 1996. Some Building Owners are understandably concerned regarding how their planning approval programme would fit into party wall procedure and ultimately the serving of the Award in good time. 

Adjoining Owners are also justifiably concerned regarding the timing of how the party wall procedures fit with the serving of the Awards. Ideally from an Adjoining Owner's point of view, both matters need to be resolved prior to the commencement of the notifiable works. 

Planning and party wall matters are not related and many building owners conclude Awards well in advance of obtaining planning approval. This ensures they can initiate building works shortly after planning consent is obtained. A Building Owner also needs to be aware that in many surveyors' opinion an Award is only valid for a year after it is served or for a time determined between the surveyor(s). After the time window has lapsed new Notices will need to be served to initiate the process again. Thus, a Building Owner needs to be aware of the potential risk of not obtaining planning approval within a year of service of Party wall Awards. 

Any amendments/revisions to the design that affect the notifiable aspect of the works can be forwarded to the surveyors to act accordingly as per the Award conditions which is usually a matter of recording revisions on file and potentially requesting further clarification or additional information. 

Many Adjoining Owners raise queries directed to party wall surveyors with regards to the neighbours planning related matters usually in relation to aesthetics. As Party Wall surveyors we only have jurisdiction on the notifiable aspects of the proposal such as work up to or on the boundary, excavations, and works to the party structure/party wall. 

Written by Murad Bokhari [email protected]