A Schedule of Condition Report is typically the surveyor’s report that documents the condition of a property before work starts. A Party Wall Award resolves disputes over rights and procedures, including the terms for construction affecting shared walls. Which shall be ‘a judgement’ under the Party Wall Act.
Schedule of Condition Report
A Schedule of Condition Report is one of the most important documents that provide precise records of the condition of a building or structure before any construction work commences. Contractors typically dispute property ownership with the future property owners during and after construction, which is usually prevented by this practice. The report will therefore be important as it will reveal any damage, defects, or wear and tear that exist so that they could be compared with whatever new damage that might arise in the construction process. A valuable record of the condition of the property in as much detail as possible, both visually and in writing. This then can be taken as evidence if there are disputes or allegations about the condition of the property upon completion of the works.
Preparation of a Schedule of Condition Report
involves an examination of the property in considerable detail- sometimes photographically enhanced and annotated exercise to highlight areas of concern. This documentation is key in domestic and commercial building work especially where work may impact on neighboring property, for instance, work that involves shared or adjourning walls. This is instrumental in protecting the interest of all parties by drawing a limitation of the pre-existing state of the building thereby reducing the risk of expensive post-construction disputes.
Party Wall Award
A Party Wall Award is a legal document which is produced by one or more appointed surveyors to determine disputes between property owners where there has been dissent in response to a Party Wall Notice. The Party Wall etc. Under Act 1996, a property owner planning construction work that is likely to intrude onto another’s land can serve notice on their neighbors relating to any construction activity involving shared walls, boundary walls, or excavations close to the neighbor’s property. In case the neighbor disputes or disagrees with the notice issued, then there is invoked a Party Wall Award which offers to solve the dispute and define the terms based on which the work shall be executed.
More than a document, the Party Wall Award is a legally enforceable agreement
on the rights and responsibilities of both the building owner and the adjoining owner. The purpose of the award is to safeguard the interest of both parties because construction work, though necessary, should be executed with minimum disturbance and that if any damage or otherwise adverse impact is caused to the neighbouring property, it should be either prevented from arising or properly rectified. In general, the Party Wall Award deals with working hours, methods of construction of construction operations, rights of access, and measures for the protection of the adjoining property.
One of the main components of a Party Wall Award
is that it involves the Schedule of Condition Report. As far as the provision of the Schedule of Condition in the context of the Party Wall Award is concerned. This provision enables both parties to refer to the previously agreed reference point concerning any changes or damage which may subsequently arise directly as a consequence of construction. In case any kind of claim arises related to the condition of the property. The Schedule of Condition may prove to be the only source for such investigations and then be presented in court.
The Party Wall Award process
operates on the principle of impartiality. Where jointly prepared, or when individually prepared, the surveyors are under the strict rule of impartiality to prevent any perceived lack of justice in the rights of the parties. The award carries the implication of being conclusively binding; it lays down a clear framework in which the construction work shall be carried out.
Summary
It is also worth noting that both the Schedule of Condition Report and the Party Wall Award are the same-they form a critical part of the construction process regarding how property owners manage their relationship. Between the two, the Schedule of Condition would serve to be protective in the form of proof that the property exists in such a state. While the Party Wall Award formalizes an agreement between parties because they detail the terms of work being done.