Party Wall Advice
Whether you’re a building owner about to undertake a building extension project, or your neighbours have just let you know that they plan some work that you think may have an impact on your property, we are here to provide all the help and advice you will need for following the Party Wall Act 1996.
Our RICs and FPWS qualified surveying consultants aim to make the process as seamless as possible and provide guidance throughout.
The Act was established to provide a framework for preventing or resolving disputes related to party walls, party structures, boundary walls, and excavations near neighbouring buildings. If you're planning to carry out work that is considered notifiable under the Act, building owners must give the adjoining owners notice of their intentions.
What is the Party Wall Act?
What is a Party Wall?
In simple terms, a "party wall" is a wall that divides two properties. A party structure could be a ceiling or floor that separates properties such as flats and a party fence wall is a boundary wall astride the line of junction. In addition, if you’re digging foundations, you’ll need to be more than 3 meters from your neighbour’s property. Building work that affects any of these is likely to need to issue Party Wall Notices.
Use our guide below to check if you think you need to serve notice or simply give us a call for some free advice.
Party Wall Act Guide
Building Owner Serves Notice on Adjoining Owner
Neighbour Consents
Serve 10 Day Notice
Adjoining Owner Responds within 14 Days
No Response within 14 Days of Notice
Appoints Same Surveyor as Building Owner
Appoints Own Surveyor
Neighbour Dissents and Requests an **Award
The Act does not apply
*Schedule of Condition Advised
Commence Works
If No Response, you can appoint a surveyor to represent the interest of the Adjoining Owner
Both Surveyors Liaise & Appoint a Third Surveyor in case of Dispute
*Schedule of Condition Conducted
Award Drafted, Negotiated & Served
Commence Works
*Schedule of Condition: Photographic report of the adjoining owner’s property prior work commence.
**Award: A detailed contract outlining details of the work, method statements and precautions in place.
What do Party Wall Surveyors do?
Our experienced team will look over your plans, check the notices if you have issued yourself and may ask for more details or clarification to make sure that the work is unlikely to cause damage to your neighbour’s buildings.
If a schedule of condition is required, the surveyor will visit your neighbour’s property and conduct a survey of current condition of the neighbouring property where works may have an impact and produce a visual report so that it can be referred to should any damage be caused as a result of the work.
Should a more detailed document in the form of a Party Wall Award be required, our surveying team will not only undertake the schedule of condition but also draft or negotiate with other appointed surveyors an agreement of the works. This will set out the works that are authorised and what happens if something were to go wrong. It is a binding, legally enforceable agreement.
The Award covers the work to be undertaken, method statements, access rights, working hours and other details covering the build such as damages. It can also cover the need for financial security, what will happen if damage is caused and will deal with any costs, including surveyors’ fees. In most cases the building owner undertaking the work will be responsible for surveying costs.
In very unusual circumstances, if the surveyors cannot agree, they will refer the matter to a ‘Third Surveyor’ for arbitration. The third surveyor will prepare and serve a binding party wall award.
Get professional advice
Our specialist team understand the Party Wall Act inside out and are here to answer your questions and guide you through the entire process. See our Q&A section below for further detail on serving notices or alternatively, get in touch to see how we can help you.
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A: The Party Wall Act 1996 was created to prevent and resolve disputes between neighbours regarding shared walls, boundary wall and excavations near neighbouring buildings. It’s helped to promote peace between neighbours and ensure the structural integrity of shared / adjoining properties where there is building work. It’s now a legal requirement throughout England and Wales.
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A: You’re legally obliged to let your neighbour know if the work you’re planning is likely to build on or at the boundary of your 2 properties, effects the party wall or party structure (shared walls) or digs below or within the foundation level of their property. Typically this includes loft conversions and extensions, basements, rebuilding or repairing a boundary wall; excavation within three meters of your neighbour’s property, which could include new drainage (even if you are not attached to them); building on, or up to the boundary between neighbours.
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A: As notices are a legal requirement, it’s important all of the details are correct. You can download templates from www.gov.uk if you want to issue your own notice, or you can appoint a surveyor to review your plans and issue the relevant notices for you. We can guide you and ensure your notice includes all the necessary information as specified by the Act to be valid. They need to be issued two months before beginning any work and they must be correct and complete as any errors may result in re-issuing the notices and effecting the planned timings. You’ll need to make sure freeholders, leaseholders and any long lease tenants are notified.
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A: Whether you’re the neighbour undertaking the work or the neighbour who has received notices, responses are required to the issued notices within 14 days of issue and there are 3 options available:
1. Consent to the works – we would advise a schedule of condition is undertaken to record the current condition of the property the notice relates to. This schedule provides a photographic report that can be referred to should any damage occur as a result of the work
2. Dissent to the works – and appoint the same surveyor as your neighbour, also known as the Agreed Surveyor to negotiate an Award. The Award will include details regarding the obligations of both owners, how and when the work will be carried out through a method statement and any agreed fees involved.
3. Dissent to the works – and appoint a different surveyor to your neighbour. The two surveyors will then negotiate the Awards for issue.
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A: If there is no response within 14 days of the notice being issued, a further notice will be issued giving them a final 10 days to respond. If there is still no response it is considered as automatic dissent and a surveyor will be appointed to act on their behalf and agree an Award with your surveyor.
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A: You cannot use the Party Wall Act to stop any works. Instead, you will need to object on planning permission grounds. You can appeal the Party Wall Award in the County Court within 14 days of it being served if you feel there is something fundamentally wrong with it.
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A: It’s not usual to get compensation, but if the building work uses part of the party wall a compensation agreement may be required that the surveyor can negotiate as part of the Award.
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A: The Party Wall Award will detail how any damage is to be made good and in the first instance, this is for the neighbours to discuss. However, surveyors can help assess and agree the work and where the liability is for repair works.
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A: Yes. Qualified surveyors are impartial. In many cases at Brittain Hadley, we are appointed by both the building owner and the adjoining owner. Where the adjoining owner appoints their own surveyor, we work closely with them.
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A: It’s a general rule that the building owner undertaking the work covers the cost for the surveyor or surveyor’s fees.