Definitions & Functions
What is a Party Wall?
A party wall describes the wall structures which multiple property owners share in ownership. It represents the wall that divides ownership between two adjoining landowners.
What is the Party Wall Act?
The Party Wall etc. Act 1996 functions as a legal framework to let people do work near shared walls when it protects owners who live beside these shared structures. A range of construction activities come within the scope requiring compliance with the Party Wall Act 1996:
- building walls up to or astride legal boundaries
- perform alterations on shared walls together with building elements (steel beam installation for instance or chimney breast removal)
- building foundations or digging basements or excavations adjacent to neighbours’ properties
What is a commercial or residential Party Wall Surveyor London professional?
Upon being notified by the building owner, the adjoining owner may choose to consent to the proposed works without objections or dissent about them.
Varying opinions trigger London Party Wall Surveyor(s), who create an ‘Award’ document to handle all matters of agreement.
The appointment of an inspector needs to be someone with solid understanding of the party wall process. Our panel of inspectors belongs to various accreditation bodies such as FPWS (Faculty of Party Wall Surveyors), Royal Institution of Chartered Surveyors (RICS), Chartered Institute of Building (CIOB) and Residential Property Surveyors Association (RPSA), while operating under a Code of Conduct and/or adhering to general industry standards.
Do Party Wall Surveyors London specialists need to be certified?
The Party Wall Act 1996 does not require a formal qualification of a London party wall surveyor. However, the inspectors on our panel are experienced, qualified and/or accredited under various regulatory bodies such as CIOB, RICS, RPSA and/or FPWS.
What does a Party Wall Surveyor in London do?
The Party Wall Surveyor London professional examines the construction plans and works. Their duty may include assessing whether risks related to the project have been reduced.
London Party Wall Surveyors also execute procedural tasks by drafting Schedule of Condition reports and making Party Wall Awards.
What is a Party Wall Award?
The Party Wall Award is a legal document that emerges from the conclusion of party wall procedures.
A Party Wall Agreement London document contains provisions which describe both the proposed work of the building owner as well as the procedures available to adjoining owners under the Act in protecting their interests.
Compliance
Why is the Act important?
The purpose of this legislation is to help owners of buildings and safeguard neighbouring building owners. This law enables building owners to carry out works whilst protecting adjoining landowners.
Do I need to use the Party Wall Act?
The Party Wall Act functions as an independent system apart from planning permission and building regulations. By law, all construction projects that fall under the Act must utilise its procedures.
A person performing work must serve a ‘notice’ to Adjoining Owners to start the Party Wall Act process. Most people request our assistance with this activity despite the possibility to handle it independently because improper execution might result in invalidation of the process.
Is it a legal requirement to have a Party Wall Award?
Yes, if the notifiable works are dissented to. This means that, if the adjoining owner does not provide consent to the party wall notice, then an inspector will need to be appointed to make a Party Wall Award.
The Party Wall Award is seen to conclude the party wall dispute that exists between the respective owners and ultimately gives the building owner the legal right to commence their proposed works.
Benefits
Does a Party Wall Award protect me?
A Party Wall Award serves as a legal document which safeguards the rights of neighbours in case of conflicts, thereby enabling the works to proceed with mitigated risk. It also provides a mechanism to resolve further disputes and claims.
The Party Wall Award provides both protection for genuine damage suffered by the adjoining owner while guaranteeing building owner construction work proceeds as evaluated by commercial or residential Party Wall Surveyor London teams.
Administration
Should I serve a Party Wall Notice?
Property owners need to send Party Wall Notices before performing three specific types of construction work on their premises. These works are as follows:
- Working on a Party Wall, Party Structure or Party Fence Wall: your obligation to serve a Party Wall Notice on the adjoining owner begins 2 months before you start work that fits these criteria.
- Excavations within three or six metre distances from neighbouring buildings: this requires an Excavation Notice service to affected owners one month in advance.
- Construction of New Walls up to or astride the boundary line: you must notify the adjacent property owner by way of notice not less than one month before works start.
What are the different Party Wall Notice responses?
The Party Wall Notice Responses available to an adjoining owner are as follows:
Consenting to the Party Wall Notice: an adjoining owner provides the building owner with legal permission to start the work. After consenting to a Party Wall Notice, the building owner can start working according to what the Party Wall etc Act 1996 permits.
Dissenting to the Party Wall Notice and appointing an Agreed Surveyor: the adjoining owner use the same inspector as the building owner’s. The Agreed Surveyor will function impartially to develop a Party Wall Award which provides both owners with legal protection to guide the construction work at the site.
Dissenting to the Party Wall Notice and appointing their own separate Party Wall Surveyor London professional: when an adjoining owner opts for this, they choose their own commercial or residential Party Wall Surveyor London professional to function solely for their interests. The Two Surveyors proceed to agree on a Party Wall Award.
Is an Agreed Surveyor unbiased?
Yes. The Act establishes inspectors as statutory appointees according to its provisions. Surveyors implement provisions of the Act when they conduct their duties. The owners are referred to as “appointing owners” under the Act and not as “clients”. Surveyors need to enforce the Act through an impartial execution of its contents.
If there is no dispute after serving notice, do surveyors need to be appointed?
No. The Act will not be invoked and so surveyors will not need to be appointed if no dispute exists.
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DIY
Can I serve the Party Wall Notice myself?
Yes. The law grants building owners permission to serve their Party Wall Notice to neighbours affected by the works. However, it is advisable to have the inspector do this for you so that it is done correctly.
Many building owners succeed with the party wall procedures using a neighbourly approach as their preferred method. You should start with serving a Party Wall Notice when neighbours hold positive relationships so that the procedure becomes more efficient.
Can I serve the notice by email?
Only if the Adjoining Owner has agreed to do so and has provided an email address. It is safer to at least post notices (as well) or deliver them in person.
Can I be my own surveyor?
The building owner can not function as the commercial or residential party wall surveyor for their own property. Inspectors assigned to Party Wall matters must not have any connection with the properties they evaluate. This is because a building owner or an adjoining owner can not perform the role of their own London party wall surveyor to administer the Act 1996 with impartiality.
Site Inspection & Schedule of Condition
What is a Schedule of Condition and do I need one?
A Schedule of Condition serves to document the current state of a property, although it lacks mention in the Party Wall etc Act. Generally, photographs accompany the Schedule of Condition documents. Such precautionary arrangements protect every party involved against false claims.
The report exists to provide commercial or residential Party Wall Surveyors in London with proof of whether building owner’s work caused damage to the adjoining property.
Will a party wall surveyor London specialist need to visit my property?
If you are a building owner, the inspectors may want to check the site before the project begins, review the works when construction starts and also visit the properties after project completion to sign-off.
If you are an adjoining owner, the experienced Party Wall Surveyors London specialists need to inspect the adjoining owner’s property before the works begin so that they can carry out the Schedule of Condition, which will document the pre-existing condition of the property.
Can I access my neighbour’s property for party wall?
The Building Owner’s Surveyor has permission to access the Adjoining Owner property through the Party Wall Act and this is to inspect the works.
Safety & Security
How do I protect myself against unfinished neighbour works?
You can ask the Building Owner to provide security for expenses prior to work commencement. This is only applicable to works which pose a risk if they are stopped (e.g. basement conversions).
This security might include financial funds or bonds or insurance policies that will help you remedy incomplete works.
The Building Owner’s money belongs to them but it remains in Escrow and the inspectors can access it to make good any outstanding works in order to make your property safe (e.g. filling in holes, rebuilding walls, etc.).
What can I do if the building becomes unsafe?
Building safety can become compromised because of unfinished construction work, thus rendering it hazardous. To report concerns about dangerous buildings, you should contact your inspector, the local authority building control department and the Health and Safety Executive (HSE).
What can I do about noise from building work?
Contact your local authority environmental department because they have powers through the 1990 Environmental Protection Act 1990 and Control of Pollution Act 1974 to address both noise issues and construction site nuisance such as dust and waste.
Non-compliance
Can I have a Party Wall Award after neighbour works are finished?
No. The protection from Party Wall procedures can not be utilised when builders complete the project. If they have already started works, they can still serve a late notice.
What happens if Notice is incorrectly served?
If notice has not been properly served, then the process starts all over again (de novo).
What if my neighbour does not serve party wall notice?
If the building owner who is undertaking the construction works fails to, or refuses to, serve a Party Wall Notice on the affected adjoining owner, the adjoining owner will need to proceed to the Courts to obtain a Party Wall Injunction.
A Party Wall Injunction will prohibit any further works taking place on site, until the correct party wall procedures have been adhered to. Your inspector can guide you through this and put pressure on the building owner to comply.
What happens if the Building Owner starts work without following party wall procedure?
The requirements of the Act must be properly followed, otherwise a court injunction may be taken out by the Adjoining Owner to block work activities started by the property developer before proper notice was provided.
Does the Building Owner have to wait for the notice period to complete before commencing works?
Yes, unless the Building Owner receives consent from the Adjoining Owner(s). It is preferable to wait for the Award, otherwise you risk carrying out works in breach of the Act or as to be decided by the inspectors.
What if the Adjoining Owner ignores the Party Wall Notice?
A dispute arises whenever the adjoining owner fails to respond to a notice within fourteen days for any work described under sections 1, 3 or 6 of the Act. Two surveyors must then be appointed to represent the owners.
The building owner retains the right to appoint a commercial or residential Party Wall Surveyor London expert on the adjoining owner’s behalf if the adjoining owner does not reply to the Party Wall Notice. The London Party Wall Surveyor appointed by the building owner will fulfil every task that the adjoining owner would have appointed directly.
The goal is for the building owner to obtain a Party Wall Award approved by London Party Wall Surveyor(s) who will authorise them to carry out construction in accordance with the plans.
Disputes & Third Surveyor Referral
When do I appoint my commercial or residential party wall surveyor London specialist?
A building owner may appoint a commercial or residential Party Wall Surveyor London specialist before or after a Party Wall Notice has been served on the adjoining owner. The Party Wall Act is invoked when notices are served. If the adjoining owner responds with dissent, then owners must instruct London Party Wall Surveyors to represent them.
What happens if a dispute arises in party wall?
The owners both appoint an “Agreed Surveyor” or they can select their own inspector (“Two Surveyors”). If the two appointed inspectors disagree, then a Third Surveyor (as selected by them) acts as a backup to settle the dispute. Inspectors who are appointed together must impartially safeguard the rights and interests of both property owners under the Act.
What happens if I disagree with my surveyor?
You can not rescind your inspector’s appointment. You may, however, seek help from the Third Surveyor to resolve the disagreement. However, if you have appointed only an “Agreed Surveyor”, then that means you will not have the option of referring matters to a Third Surveyor.
What is a Third Surveyor?
For every Party Wall job with Two Surveyors, there exists a Third Surveyor whom the inspectors agree to call upon if ever they disagree.
The Third Surveyor acts as an arbitrator to determine any disputes that emerge from inspectors and owners, where the Two Surveyors are unable to resolve them.
Formal requests to call upon the Third Surveyor will occur only when such disputes arise.
If I am unhappy with my surveyor’s conduct, what can I do?
Raise a complaint with them and follow their complaints handling process (CHP).
Appeals
What do I do if I disagree with the Party Wall Award?
Being served a Party Wall Award marks the end of your legal dispute regarding party walls due to resolved conflict.
Both the building owner and the adjoining owner possess the right to file an appeal against the award to the County Court through a 14-day time frame from the day the award is served. Consult your inspector beforehand, because courts are not permitted to question any award unless it is invalid and so you may be wasting time and legal fees on this.
Trespass
Can I build a new wall on each side of the legal boundary?
If you want to build a wall astride the line of junction, you need permission from the Adjoining Owner.
Can a neighbour build on my land?
The building owner possesses the legal capacity to construct necessary elements on neighbouring land, but this typically only involves the concrete footings of a wall on the border. Even so, the footings should be eccentric and therefore do not need to spill over onto the adjoining owner’s land.
A building owner can not build an entire wall astride the line of junction without the adjoining owner’s consent, however.
Obstruction & Enforcement
Can I stop my neighbour’s works?
No, unless the building owner fails to comply with party wall procedures, planning permission or building control, in which case you may be able to take out an injunction against them.
Experienced Party Wall Surveyors in London exist to save owners from court proceedings and they do this by making a Party Wall Award which guards both building owners and their adjoining neighbours.
A building owner must wait to begin their proposed works until the notice period runs out and preferably until the award is in place.
How do I enforce the terms of the Award if my neighbour does not comply?
Speak to your inspector and they will advise. You may then need to seek redress via the civil courts with the Award in hand.
Ownership
Can ownership of a wall change via the Act?
No. Under the Act, the wall ownership stays the same as does its boundary location. The Act allows boundaries to function through wall centres, thus granting each owner half-ownership rights. The principles underlying the party wall legislation make more sense when owners think of themselves as joint owners of the party wall.
Can the Party Wall Act resolve boundary disputes?
No. The Act lacks provisions to help determine boundaries in dispute. You would have to instruct a boundary surveyor and/or resolve matters via the courts or through alternative methods such as mediation, adjudication or arbitration.
Does the Party Wall Act supersede Common Law?
The Party Wall Act takes precedence in respect of the specified provisions regarding notifiable works and therefore limits Common Law rights. The Act does not influence the validity of other rights, easements or covenants that exist independently.
What happens if I sell my house during the party wall process?
If the Building Owner sells or transfers ownership as defined under Section 20 of the Act or enters into any commercial or financial arrangement or liquidation in which they cease to remain as owners, then the party wall process ordinarily starts again (de novo) with the new owner.
Permission
If I have planning permission and building control approval, do I need party wall?
Yes, if the works are notifiable under the Act. The Act functions independently from both building regulations control and planning oversight.
Why didn’t my local planning authority tell me about party wall?
Local authorities should notify planning permission and building regulation applicants about the Party Wall Act in line with good practice standards, though this is not compulsory.
What does the Act not cover?
The Act does not extend coverage toward the installation of daily housework, such as fixing plugs, screwing wall units or shelving, adding or replacing recessed electrical wiring or sockets or replacing internal wall plaster. The requirements of the Act also do not include fencing constructed from timber for property boundaries either.
Damages
What can I do if my neighbour does damage to my property but the work is not covered by the Party Wall Act?
If the building owner has caused damage to the adjoining owner’s property, then the adjoining owner has two options:
They can (a) demand proper repair of the damage by the building owner’s contractor or (b) they can demand compensation (“payment in lieu”), which the inspectors will determine, and then the adjoining owner can hire their own contractor to repair the damage.
For the above, the adjoining owner must prove that they sustained any loss or damage. The inspectors will take care of this by reviewing the present state of the adjoining owner’s property against the Schedule of Condition.
Without the protection of the Act, if an adjoining owner consented to the notice, the property owner must refer to Common Law.
Fees & Duration
Who pays the party wall surveyors’ fees?
A building owner is the owner who conducts the works and so they are ordinarily required to pay for the surveyors’ fees because they are executing plans for their own gain. The inspectors possess the authority to determine the payment of costs and fees, however.
How long does party wall take?
Party Wall duration depends on both the extent of the construction work, the Party Wall Surveyor London specialist’s performance and whether any delays are created by the owners or builders.
Before starting the procedures with your London Party Wall Surveyor, you should discuss anticipated timescales. Usually, a party wall job takes 1-3 months minimum, but it can sometimes take longer if there are complications.
How much does Party Wall cost?
A surveyor will usually charge anywhere between £100-400 per hour, depending on their seniority and efficiency. A party wall job normally requires 6-8 hours, but this may be more if complications arise and additional work is required. So, you should budget at least £1,000-3,000 between two neighbours.
The costs depend on property location together with work type and number of owners affected by the construction works. Contact our team to receive proper guidance about costs on party wall.
Who pays for party wall costs?
The owner performing the construction works must pay for the reasonable Party Wall Surveying expenses and that includes the inspector fees for both the building owner and adjoining owner. The surveyors will determine costs and how they are to be defrayed.
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Why do we need London Party Wall Survey?
The implementation of this well-meaning legislation has created difficulty for both parties to follow its requirements. Inspectors for Party Wall matters are open to anyone and neighbourly conflicts often happen without difficulty. Several unprofessional inspectors use this system to earn additional income.
The team at London Party Wall Survey specialises in offering reasonable party wall solutions as commercial or residential Party Wall Surveyors London professionals, who prefer to avoid confusion and seek mutual agreements between neighbours with minimal disputes.
We have developed this approach from our firsthand encounters with how frustrating the party wall procedure becomes for people and it merely involves sharing information honestly while maintaining clarity.
Our method of selection extends to professional appointing owners, including commercial property owners. Contact us for a London Party Wall Surveyor today!
