FAQ

This act provides a framework for preventing and resolving disputes in relation to Party Walls, Party Fence Walls and Excavations near neighbouring buildings. 

The Party Wall stands astride the boundary of land which belongs to two different owners. It can be a wall that is part of one building which separates two or more buildings. In the case of a garden wall that lies between two owners, this is commonly referred to as a Party Fence Wall.

It is compulsory to serve notices if the said works are covered under the Act, for example, neighbours extension Party Wall or affecting a ceiling or floor, it is advised that you give appropriate written notice to the owners and occupiers. If the notices are not consented to, then an award (agreement) will need to be drawn by a Surveyor.

Yes, you will need to notify the neighbours if you intend to carry out works to the Party Wall.

Yes, you will need to notify the neighbours if you intend to carry out works to the Party Wall.

It is recommended to appoint one at least 3 months before the building works start. The administration of the Party Wall Act will likely take less time but plenty of time is allowed so you can start building works without any delay. The service of notices takes 14 days, followed by a further 10-day letter if no response is received. Therefore it could take up to a month before any surveying can be done.

The Surveyor offers advice on the procedure, obligations and responsibilities. The first point of action is it review the proposed plans and confirm if the works meet the criteria under the Act. If so, then the relevant Party Wall Notices are served to all affected neighbours. If the notices are dissented to, then the Surveyor or Surveyors will then conduct a site visit and prepare a schedule of condition of neighbouring property. Once this is done, the Surveyor/s finalise the terms of the Party Wall Award and serve this forthwith to all owners at which time building works can commence.

Generally, the Building Owner carrying out the works will cover the costs of the appointment of the Surveyor for works that are solely for their benefit, for example, the neighbours loft conversion Party Wall. The cost differs between the works as well as the Surveyors, find a Party Wall Surveyor will experience with your type of works.

The party who owns the property where the building works are due to be carried out. 

This is the party who is potentially affected by the works

Generally no, the Party Wall etc. Act 1996 was introduced to stop expensive litigation between two property owners and instead introduce the role of expert Party Wall Surveyors in the specific field.

The notice is valid for one year, it is best not to serve it too long before you are looking to start your work. As a minimum notice should be served two months prior to your intended start date, of course, this does not guarantee a start date, but it allows sufficient time for the work of Surveyors to be completed if there is a dispute.