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Term and Conditions

Terms and Conditions of Business

These Terms and Conditions of Business apply to all services rendered by Efficient Party Wall Limited (hereafter referred to as “EPW”) in relation to party wall matters and associated documentation. These services are primarily pre-construction in nature, relying on EPW’s specialised skills, knowledge, and experience. This is a professional service, not a product.

1. Definitions and Governing Law

  • “EPW” refers to Efficient Party Wall Limited.
  • “The Client” refers to any entity or person, or their representative, who engages EPW’s services- also known as the ‘appointing owner’
  • This agreement constitutes a legally binding contract under the laws of the United Kingdom, specifically the Party Wall etc. Act 1996.
  • All terms take effect upon the Client’s signature on this appointment.

2. Service Provision and Fees

  • EPW will deliver the agreed services for the specified fee. Should the scope of service change, a revised fee proposal will be provided and must be approved by the Client prior to the commencement of any additional work. Alternatively, we will charge hour hourly rate of £175 per hour plus disbursements.
  • EPW will collaborate with the building owner and or the adjoining owner or their appointed surveyor to facilitate the completion of party wall matters as agreed.
  • In rare instances where a Party Wall Award can not be finalised, we will invoice for the billable time we have spent on the project. 

3. Client/ Appointing Owner Responsibilities

  • The Client agrees to provide clear instructions with the associated drawings and structural calculations for and necessary guidance to EPW. Failure to provide requested information may result in delays. All communications should be directed through EPW’s website or via email at contact@efficientpartywall.co.uk.
  • If the provided details are to be altered or amended, then these will need to be completed by the project architect/ engineer/ agent.
  • If information is delayed in being sent to us, this will delay the service and documents being created. 

4. Professional Conduct and Impartiality

  • EPW will perform all services with professionalism and due care, maintaining impartiality throughout.
  • EPW is not liable for delays caused by third parties, such as planning authorities, building control, structural engineers, contractors, or third-party surveyors.
  • As a party wall surveyor, we are not liable for any aspect of the proposed design.

5. Limitations of Responsibility

  • EPW bears no responsibility for delays due to unforeseen events, including adverse weather or other “Acts of God.”
  • EPW is not liable for costs incurred by third parties, including council fees, structural engineers’ fees, or appointed surveyor fees. Any instruction to third parties must be made directly by the Client.
  • EPW does not take responsibility for on-site construction activities.
  • Meetings on-site beyond the initial survey are charged at £175 plus disbursements.
  • EPW is not liable to determine boundary lines or lines of junction between properties or buildings.
  • On schedule of condition surveys, if areas are inaccessible, covered or not visible, we can not take liability for the condition of these areas or for not being able to take clear photographic records. If a return visit is required to take photos, this will be chargeable as a second schedule of condition.

6. Intellectual Property

  • All intellectual property created by EPW, including documents and materials, remains the property of EPW and may not be shared or sold without permission.

7. Operating Hours

  • EPW operates Monday to Friday from 9:00 am to 5:30 pm. Work on Saturdays is available only by prior arrangement, and EPW is closed on Sundays.

8. Builder and Contractor Communications

  • Any issues raised by the Client’s builder or contractor must be communicated in writing. If the issue is deemed to be due to the contractor, EPW reserves the right to invoice for time spent resolving the matter at the agreed hourly rate.

9. Party Wall Instruction

  • Party wall matters should be instructed and organised by the building owner intending to carry out the work.
  • If you have received a Party Wall Notice from a neighbour, we can be appointed, but we must have our letter of appointment signed accordingly. 

10. Photographic Usage

  • EPW reserves the right to use photographs taken for promotional purposes, including on social media and marketing materials, with confidentiality maintained unless otherwise agreed in writing. We will not be able to share the photos with any other neighbour or party without prior consent from the owner of the property.
  • Photos taken of a neighbour’s property will not be shared with anyone other than the appointed surveyors. Photos will not be shared with the owners neighbours due to GDPR reasons. 

11. Payment Terms

  • Payment for services is due as outlined below:
    • Notices: Our standard rate is £250 for the Party Wall Notices plus disbursements & Postage
    • Schedule of Condition Survey: These are charged at our fixed fee if appointed by a building owner, or our standard hourly rate if appointed by an adjoining owner.
    • Party Wall Award: These are charged at our fixed fee if appointed by a building owner, or our standard hourly rate if appointed by an adjoining owner.
    • Payment Methods: BACS, cash, or cheque (payment by cheque is cleared only once funds have been received).
    • Additional Work: £175 per hour for any work outside the original agreement.
    • Disbursements: All disbursements are chargeable at the rate of cost to complete the works, e.g. additional Land Registry Charges, Parking, Travel, Printing Etc. 
    • Late Payments: Interest may be charged per The Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to charge a late payment penalty of 10%. 
    • Non- Payments: In the unfortunate events where we are not paid for our service we will pass on to a debt collection agency and will then be subject to their charges which are additional to the original invoice amount. This could also include our late payment penalty charge.  
    • EPW reserves the right to halt services if the Client becomes unable to meet payment obligations.

12. Early Termination

  • The Client may not terminate EPW’s appointment prematurely. Should EPW terminate the contract, this will be communicated in writing along with an invoice for work completed to the termination date.
    • EPW reserves the right to terminate services under the following conditions:
      • Non-payment by the Client
      • Insufficient information provided by the Client
      • Interference with EPW’s performance of duties
      • Abusive behaviour or breach of these Terms and Conditions

13. Privacy and Confidentiality

  • Correspondence or communication from neighbouring property owners or appointed surveyors will remain confidential and will not be shared without prior permission.
  • Photographs of neighbouring properties will not be shared without written consent from the property owner.

14. Specific Payment Deadlines

  • Payment for the Schedule of Condition/Survey must be made at least 48 hours prior to the scheduled survey date.
  • Payment must be received prior to issuing any Party Wall Award, with delays in payment potentially resulting in delays in issuing and commencing works.
  • Payments must be made prior to the serving of documents. Delaying payment will delay the documents being served.