Good to know
What is a Party Wall Agreement
Introduction What is a Party Wall Agreement? If you are planning to carry out building work that affects a party wall, boundary wall, or excavation near your neighbour's property, you will need to obtain a Party Wall Agreement. but what is a Party Wall Agreement? A...
What happens if I ignore the party wall act.
What happens if I ignore the party wall act? Ignoring the Party Wall Act or failing to comply with its requirements can have legal consequences and potentially lead to disputes, delays, and financial liabilities for the building owner. Here are some of the potential...
What to do if you receive a party wall notice
Receiving a party wall notice means that your neighbour or a building owner planning construction work on or near a shared boundary or party wall with your property is legally required to notify you and seek your consent or approval for the work. Here's what you...
FAQ’s
What is a Party Wall?
Party walls are walls used by more than one ‘owner’. The dividing wall between two houses is the most obvious example. Floors between flats are ‘party structures’ and boundary walls can be ‘party fence walls’. The Government introduced a new law for England and Wales in 1997 – the ‘Party Wall etc. Act 1996’, designed to regulate building works to these special types of wall, as well as neighbouring excavate works. The Act imposes rights and obligations on land owners wishing to conduct such works but equally imposes rights and obligations on those land owners and occupiers who will be affected by the works.
Before commencing any building work e.g. a loft conversion or an extension, you should check to see if the Party Wall Act applies.
What happens if the adjoining owner does not reply to the notice within 14 days?
Under section 1 of the Act, where you wish to build a new wall on the line of junction, you will have the right only to build on your own land.
In respect of a notice served under sections 2 and 6 of the Act, if there is no reply to the notice after 14 days then a dispute is deemed to have arisen and you and your neighbour must appoint a surveyor. If your neighbour still fails to respond, then after giving a further ten days to reply, you may appoint a surveyor on his behalf. This is fairly common when dealing with properties owned by companies or local authorities.
Also, when neighbours are not amicable it can be the case as well.
What happens if I do not agree with what my appointed surveyor is doing?
You are unable to rescind his appointment but you can approach the third surveyor to resolve the matter for you. However, if you have chosen to have just the one surveyor called the ‘agreed surveyor’, then there is no third surveyor to call upon.
We are often asked to act as the agreed surveyor, we always do our best to keep relations between neighbours amicable and ensure communication is strong for both parties.
What do the surveyors do?
The surveyors prepare the award, which is a legal document between the two owners. The surveyors normally meet at the property and prepare a schedule of condition (although not a requirement of the Act).
The schedule of conditions assists all parties as any damage that may be caused can be checked against it and compensation awarded if required. The surveyors must navigate the Party Wall Act 1996 and adhere to the relevant sections.
Acting as your surveyor we will also keep you up to date with the process, and different stages involved.
Who pays the surveyors' fees?
Under normal circumstances, the building owner would pay the fees, (known as costs) as he is the one undertaking the works, usually for his benefit. However, the surveyors will make the final determination. We most commonly work on a fixed price pre-determined price.
When matters become complicated then we will need to charge upon an hourly charge that will also incur travel costs.
What if I do not agree with the contents of the Award?
Both the building owner and the adjoining owner can appeal the award in the County Court within 14 days of being served the award. You should probably, of course, speak with your appointed surveyor on the matter before doing so, as he is likely to be able to answer your query.
As a building owner, do I have the right of access to my neighbour’s property to undertake the work, and as an adjoining owner do I have to grant access to the building owner to undertake the work?
If a surveyor has been appointed you must take his advice. There is a right of access within working hours on notice, but only if it is to undertake the notifiable work in accordance with the Act.
You can not access their land at your own free will.
Can the Act be used to resolve a boundary dispute?
The Act is not there to resolve such matters and the surveyors do not have any power to do so.
Practically speaking in the event that the boundary is not agreed the Act cannot be applied until the matter is resolved. This would not apply in the case of a section 6 notice, which only deals with an excavation within a certain distance of the adjoining owner’s building or structure, and in this case, the position of the boundary is irrelevant.
If you do find yourself to be within a boundary dispute with your neighbour we advise contacting a suitable boundary dispute surveyor.
What are the duties of party wall surveyors?
The surveyors act in a similar, though not identical manner to arbitrators, and therefore must produce an ‘award’. An award regulates how the works are to be conducted as well as dealing with any other related incidental matters such as costs and compensation. The award is a legally binding document. Accordingly, the surveyors should provide a service that for the most part is impartial. Whilst they should be receptive to their appointing owner’s wishes, the usual relationship between client and professional advisor does not apply. A party wall surveyor’s remit is strictly limited to those matters governed by the Act. Consequently, their primary duty is to ensure that the Act’s requirements are administered properly, efficiently, and fairly. Once an award has been produced, the surveyor may choose to inspect the works during their course to see they are being properly carried out, and/or at their completion check for any damage to the adjoining owner’s property.
