If you’re a property owner in England or Wales planning renovations, extensions, or any work that affects a shared wall, you’ve likely encountered the term “party wall.”
Whether you’re a homeowner, landlord, or developer, navigating the intricacies of party wall matters can be challenging. From understanding what constitutes a party wall to knowing when you need an agreement and how to obtain one. That’s why Squarepoint Chartered Surveyors, a leading party wall surveyor in London, have curated this guide to walk you through every step of the process.
We’ll cover the Party Wall etc. Act 1996, your rights and responsibilities, the notification process, potential disputes, and the role of party wall surveyors. By the end of this guide, you’ll have a clear understanding of party wall procedures, helping you to approach your building project with confidence and avoid costly legal pitfalls.
Let’s begin by exploring what exactly a party wall is and when the Party Wall Act applies to your property.
What is a Party Wall?
A party wall is defined as a wall that stands on the lands of two or more owners and forms part of a building. It can be a wall that separates two homes in a terraced or semi-detached house, or a wall that stands between two separate properties. Party walls can also include garden walls built along a boundary – known as party fence walls.
What is a Party Wall Agreement?
A party wall agreement, is a legal document outlining the terms and conditions agreed upon by neighboring property owners when work is being done on or near a shared boundary.
Partywall Agreements are defined by The Pary Wall Act. The Party Wall Act 1996 provides a legal framework for preventing and resolving disputes about party walls, boundary walls and excavations near neighbouring buildings. This legislation applies throughout England and Wales and sets out clear procedures for property owners to follow when undertaking work that might affect adjoining properties.
Understanding party wall agreements, and seeking professional party wall advice, is essential for anyone planning construction work that could impact shared walls or neighbouring structures.
What Does the Party Wall Act Cover?
A Party Wall notice is required in several situations where construction work may affect a shared wall or structure, or when excavations are planned near a neighbouring property. Understanding when you need such a notice is crucial to avoid legal complications and maintain good relationships with your neighbours.
Projects such as digging foundations for a property extension, loft conversions or installing damp-proof courses can all require a Party Wall notice to be issued. Remember, even if your neighbour verbally agrees to the work, you should still go through the formal process of serving a Party Wall Notice. This protects both parties and ensures compliance with legal requirements.
New walls constructed astride the boundary
New walls constructed up to, but not beyond, the boundary do not require the Building Owner to obtain the Adjoining Owner’s consent, as long as no element of the new structure protrudes beyond the boundary.
Alterations to party walls or structures
This section of the Act contains 14 different types of work, including underpinning foundations, raising the party wall for a loft extension, repairing or rebuilding a party wall, cutting into or away from the party wall, and raising or rebuilding a garden party wall as part of an extension.
Excavations near the boundary that are lower than neighbouring foundations
Most Victorian or 1930s properties in London tend to have shallow foundations of no more than 30cm. However, current Building Regulations require a minimum depth of 1 metre for new foundations.The Party Wall Notice Process
Before starting any party wall building works, the homeowner (referred to as the Building Owner) must obtain a written Party Wall Agreement from all affected neighbours (referred to as Adjoining Owners). The Building Owner needs to serve a written Party Wall Notice to all Adjoining Owners, detailing the planned party wall works. A minimum notice period of 2 months is required for works affecting a party wall or boundary, and 3 months’ notice is needed for excavations. After serving the Notice, the Building Owner has up to 1 year to commence the works.
While serving a Party Wall Notice can be done using online templates, party wall legislation is complex, so we don’t recommend it. Failure to comply with these regulations can lead to significant financial repercussions and project delays so it’s advisable to seek professional advice to navigate the process effectively.
Party Wall Procedure
1. Serving Notice
The building owner must notify all affected Adjoining Owners of their intention to carry out notifiable building works under Sections 1, 2 or 6 of the Party Wall Act. This is normally done via an appointed surveyor at least 2 months before commencing works.
2. Consent or Dissent
Adjoining Owners then have 14 days in which to reply. If no written consent is given within the timeframe, dissent is assumed, and the parties are deemed to be in dispute. An agreed surveyor (or two separate surveyors) must now be appointed to draw up a Party Wall Award. Once the Notice is served, the neighbour has 14 days to respond, with three possible outcomes:
The Adjoining Owner provides written consent, stipulating that the homeowner will address any issues.
In this case, a Party Wall Award is not necessary. Documenting the condition of the party wall with photos and agreed notes on any cracks, with copies for both parties, is recommended. Alternatively, appointing a party wall surveyor to prepare a Schedule of Condition can help minimise future disputes.
The Adjoining Owner dissents or fails to respond within 14 days.
In this scenario, a Party Wall Award is required. The Building Owner then appoints one agreed surveyor to act impartially for both parties and produce a Party Wall Award, detailing the proposed works and including a Schedule of Condition for the neighbour’s property.
Each owner appoints their own surveyor.
This is the most expensive option for the Building Owner, who is legally responsible for covering the costs of the neighbour’s surveyor in addition to their own.
3. Schedule of Condition
A detailed photographic and written Schedule of Condition of the Adjoining Owner’s property is prepared by the party wall surveyor in advance of work starting, which serves as a benchmark for any potential damage claims later on.
4. Party Wall Award
The party wall surveyor draws up a Party Wall Award, with details of the parties involved, the notifiable work along with the manner and timing in which it is to be undertaken. Once the content of the Award has been agreed, it is then served on both owners and building works can begin.
5. Final Inspection
The party wall surveyor reviews the Schedule of Condition after works are completed. If there are no issues, the file is closed. If damages are reported, the Adjoining Owner can use the Building Owner’s contractor, or receive compensation and instruct their own contractor, to carry out any repairs.
Who Pays for a Party Wall Surveyor?
In party wall matters, the Building Owner is typically responsible for paying the fees of the Party Wall Surveyor. This includes the cost of the surveyor appointed to produce the Party Wall Award and, if necessary, the fees for the Adjoining Owner’s surveyor as well. The rationale behind this is that the Building Owner is the one initiating the works that require the party wall agreement.
The Role of Party Wall Surveyors
Party Wall Surveyors play a crucial role in the Party Wall agreement process, acting as impartial experts to ensure that the interests of all parties are protected, and the requirements of the Party Wall Act are met. When a dispute arises or when adjoining owners want formal protection, surveyors are appointed to manage the process. This can involve the appointment of an ‘agreed surveyor’ who acts for both parties, or two separate surveyors representing the building owner and the adjoining owner respectively.
The primary duty of surveyors is to act impartially, regardless of who appointed them. They are tasked with preparing a Party Wall Award, which is a legal document detailing the work to be carried out, how and when it should be done, and addressing any other relevant matters such as working hours or access arrangements. Surveyors also conduct thorough inspections of the properties involved, creating a schedule of condition that documents the state of the adjoining property before work begins. This serves as a crucial reference point if any damage occurs during the construction process.
Throughout the project, surveyors may be called upon to resolve any disputes that arise, make decisions on matters such as compensation for temporary inconvenience, and conduct final inspections once the work is complete. It’s important to note that while surveyors work to protect the interests of all parties, their primary obligation is to uphold the Party Wall Act, ensuring that all work is carried out in compliance with its provisions.
Rights and Responsibilities of Building Owners
Primarily, building owners have the right to carry out necessary works to their property, even if it involves a party wall, provided they follow the correct procedures outlined in the Act. This includes the right to access the adjoining owner’s property when reasonably necessary to carry out the works, though this must be done with consideration and by giving appropriate notice.
The building owner must ensure that all work is carried out in accordance with the Party Wall Award and any agreed plans. They’re responsible for making good any damage caused to the adjoining property as a result of the works, and this obligation extends to damage that may become apparent after the works are completed. It’s also important that they take all reasonable precautions to prevent unnecessary inconvenience to the adjoining owner, including controlling dust, noise and vibrations. They’re required to maintain appropriate insurance coverage throughout the project too.
Building owners have a responsibility to communicate openly and honestly with their neighbours throughout the process, striving to maintain good relationships even in the face of potential disagreements. By understanding and respecting these rights and responsibilities, building owners can navigate the Party Wall process more smoothly and reduce the likelihood of disputes.
Download Our PDF Guide To Party Walls
The Squarepoint Party Wall Guide is essential reading for anyone who owns or lives in a property that shares a party wall with another property.
Download our PDF guide to all Party Wall Matters. Topics include:
What is a Party Wall?
What is the Party Wall Act?
What is a Party Wall Notice?
What is a Party Wall Dispute?
What is a Party Wall Award?
When Do You Need a Party Wall Surveyor?
FAQs
What is a party wall survey?
A Party Wall Survey consists of the work carried out by our professional party wall surveyors, acting on behalf of a Building Owner or an Adjoining Owner. We would typically inspect the party wall or structure and its position in relation to all adjoining properties, to understand if the proposed works are going to affect the party wall or the surrounding area, as well as providing impartial advice and guidance. Our party wall surveyors may also be called upon to help with the preparation and administration of a party wall award, under the Party Wall Act 1996.
Who is my Adjoining Owner?
Your Adjoining Owner is anyone who has an interest greater than a year-to-year tenancy in the neighbouring property that will be affected by party wall work. This could be an owner occupier, a leasehold owner or long-term tenant. In the case of the latter two, you will also need to notify their landlord/freeholder. Adjoining properties could be neighbouring semi-detached or terraced houses, but they could also be flats or maisonettes in a building, where a party wall might be a shared wall, floor or ceiling.
How do I notify the Adjoining Owner(s)?
You will need to provide a detailed plan of your proposed works, including the project schedule and how it will affect the neighbouring property. Clearly state that you are serving Notice under the provisions of the Act, and include your name, address and address of the building project. The Notice can be delivered in person or by post, at least 2 months prior to your proposed start date. Aim to discuss your construction plans with your neighbours informally before you give Notice, so that any potential issues can be negotiated beforehand, and they feel more comfortable providing consent.
What happens after a Party Wall Notice has been served?
After you or your surveyor has served Notice, your Adjoining Owner(s) must respond with their written consent within 14 days if they are happy with your plans. If they wish for any changes to be made to your plans, then they will need to provide you with a Counter-Notice requesting these amendments. Where consent has not been given in the 14 days following Notice being served, the parties are considered to be in a party wall dispute, and one or several party wall surveyors must be appointed to prepare a Party Wall Award.
What happens if the Adjoining Owner does not consent to the works?
When an Adjoining Owner is not satisfied with the proposed works, having been served Notice, and chooses not to provide their written consent, a party wall dispute arises. Both parties are now entitled to seek professional arbitration through a party wall surveyor. This may be the same surveyor (known as an ‘agreed surveyor’), or separately appointed surveyors for the Building Owner and Adjoining Owner(s). The surveyor(s) then impartially negotiate the terms between the affected parties and draw up a Party Wall Award.
What does a Party Wall Award cover?
A Party Wall Award states the work that will be carried out and the agreed terms of it being conducted. The Award also includes a Schedule of Condition, documenting the current state of the adjoining property so that any damage can be identified and made good upon completion of the works. It should be noted that Adjoining Owners ultimately cannot prevent the work from happening by denying access for contractors or surveyors. However, the Building Owner must provide appropriate Notice (typically 14 days) to the occupier and Adjoining Owner, unless it’s an emergency.
How can I dispute a Party Wall Award?
According to the Party Wall Act 1996, a Party Wall Award should facilitate the resolution of any dispute between adjoining neighbours in relation to building works carried to a shared wall or structure. However, should either party object to its terms, they have 14 days from the date the Award is finalised in which to appeal it at the County Court. Be aware that if your appeal is overturned, you may be liable for the other owner’s costs as well as any costs resulting from delays to the building work.
Is it possible to retrospectively serve Notice or agree on completed works?
In short, no. If no Party Wall Notice is served as per the Act, no consent can be given, and any works carried out will be outside of the law. Sometimes, this situation arises in error – Building Owners did not realise their work would be covered, or the scope of the project has had to change after work has started. If an Adjoining Owner was not given the opportunity to dissent to works they may apply for an injunction to stop further activity. They may also claim against the Building Owner for any damages that may have occurred as a result of the works.
What can I do about my neighbour building without having served Notice on me?
If you have not been served a Party Wall Notice by your neighbour prior to building works commencing next door, your neighbour is acting illegally and you have the right to stop the work from continuing. Apply for an injunction from the County Court where you will most likely be required to provide a cross-undertaking in costs. This means you will be liable for any costs incurred as a result of the injunction if your neighbour is found to be acting within the law. Seeking legal advice before applying for an injunction is advisable.
What should I do if I started building without serving the required Notice?
If you have commenced building works that are notifiable under the Party Wall Act and you have not served Notice on, or obtained consent from, affected Adjoining Owners, you are acting outside of the law and could be prosecuted. If you are part way through your project, you should stop all building activity with immediate effect, serve Notice to cover the remainder of the work and follow the process as per the Act. Any dissents should be dealt with by appointed surveyors according to Section 10 of the Act.
What can I do about construction noise coming from next door?
While Adjoining Owners are expected to tolerate ‘reasonable disturbance’, the Building Owner has the responsibility to carry out their alterations without causing undue inconvenience. The Building Owner must comply with normal health and safety legislation and environmental protection laws, including keeping noise and vibrations within local limits and working within time restrictions. However, if you suffer a quantifiable loss as a consequence of the notifiable works being carried out, you will be able to claim compensation.
Who pays for a party wall surveyor?
As a general rule, the Building Owner is liable for all reasonable costs associated with the preparation of a Party Wall Award. This includes all surveyor costs, including the Building Owner’s surveyor, the ‘agreed’ party wall surveyor or individual party wall surveyors appointed separately by Adjoining Owners. It is therefore in the Building Owner’s financial interest to make the entire process run as smoothly as possible, since any party wall disputes or building delays will incur additional work and costs.
How long do Party Wall Survey procedures take?
A Party Wall Award should take in the region of 4-6 weeks to finalise, provided the Building Owner has all the drawings and details ready, the Adjoining Owner is cooperative and an agreed surveyor is appointed. However, where multiple Adjoining Owners are involved, and each party appoints their own surveyor, the process will be slower. Significant delays can occur in cases where there is disagreement between the surveyors and a third party wall surveyor becomes involved in order to come to a decision and make the Award.
